Opinion
543.4 CA 17–01394
08-22-2019
Donald CARDIFF and Diana Cardiff, Plaintiffs–Respondents-Appellants, v. DAVID L. VICKERS & SONS and David L. Vickers, Individually, Defendants–Appellants–Respondents. (Appeal No. 4.)
SAUNDERS KAHLER, LLP, UTICA (MERRITT S. LOCKE OF COUNSEL), FOR DEFENDANTS–APPELLANTS–RESPONDENTS. BOSMAN LAW FIRM, LLC, ROME (A.J. BOSMAN OF COUNSEL), FOR PLAINTIFFS–RESPONDENTS–APPELLANTS.
SAUNDERS KAHLER, LLP, UTICA (MERRITT S. LOCKE OF COUNSEL), FOR DEFENDANTS–APPELLANTS–RESPONDENTS.
BOSMAN LAW FIRM, LLC, ROME (A.J. BOSMAN OF COUNSEL), FOR PLAINTIFFS–RESPONDENTS–APPELLANTS.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously vacated and the order entered December 10, 2015 is modified on the law by granting that part of the motion of defendants David L. Vickers & Sons and David L. Vickers, individually, for summary judgment dismissing the negligence cause of action and as modified the order is affirmed without costs.
Same memorandum as in Sestito v. David L. Vickers & Sons [Appeal No. 2] ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2019 WL 3954694 [Aug. 22, 2019] (4th Dept 2019).