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McGarr v. Guardian

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 2008
48 A.D.3d 363 (N.Y. App. Div. 2008)

Opinion

No. 2931.

February 28, 2008.

Order and judgment (one paper), Supreme Court, New York County (Leland DeGrasse, J.), entered June 6, 2007, insofar as appealed from as limited by the briefs, granting defendant Downing's motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Hodgson Russ LLP, Buffalo (Kevin D. Szczepanski of counsel), for appellant.

White Fleischner Fino, LLP, New York (Evan A. Richman of counsel), for respondent.

Before: Lippman, P.J., Friedman, Williams and Acosta, JJ.


Plaintiff has provided no reason to depart from our rulings on the prior appeal ( 19 AD3d 254). Downing was not awarded summary judgment on the prior appeal due to his nonappearance for deposition and because, in light of his failure to remain in contact with counsel, the summary judgment motion made on his behalf could not have been authorized ( id. at 257). These impediments have since been removed and while discovery, including a deposition of Downing, has been conducted since our prior determination, the additional evidence adds nothing relevant.


Summaries of

McGarr v. Guardian

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 2008
48 A.D.3d 363 (N.Y. App. Div. 2008)
Case details for

McGarr v. Guardian

Case Details

Full title:JOSEPH W. MCGARR, as Executor of KATHLEEN M. MOONEY, Deceased, Appellant…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 28, 2008

Citations

48 A.D.3d 363 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1803
852 N.Y.S.2d 756