Babiarz v. Key Bank National Association

Full title: STANLEY J. BABIARZ, JR., AS TRUSTEE AND ANNUITANT UNDER THE ORISKANY…

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

Date published: Mar 21, 2003

303 A.D.2d 1060 (N.Y. App. Div. 2003)

755 N.Y.S.2d 690

Opinion

CA 02-02437

March 21, 2003.

Appeals from those parts of an order of Supreme Court, Oneida County (Ringrose, J.), entered January 22, 2002, that denied the motions and cross motion of defendants-appellants for summary judgment.

HISCOCK BARCLAY, LLP, SYRACUSE (PHILIP P. WHALING OF COUNSEL), FOR DEFENDANT-APPELLANT KEY BANK NATIONAL ASSOCIATION, ALSO KNOWN AS KEY BANK, N.A., ALSO KNOWN AS KEY BANK OF CENTRAL NEW YORK, ALSO KNOWN AS KEY BANK OF NEW YORK, N.A.

WOLFORD LECLAIR, LLP, ROCHESTER (LESLIE E. SWIFT OF COUNSEL), FOR DEFENDANT-APPELLANT PROVIDENT MUTUAL LIFE INSURANCE COMPANY.

WALSH WILKINS, BUFFALO (CHRISTOPHER E. WILKINS OF COUNSEL), FOR DEFENDANT-APPELLANT THE ESTATE OF HOWARD CLOSSON, DECEASED.

PETER M. HOBAICA, LLC, UTICA (PETER M. HOBAICA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND BURNS, JJ.

ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.