Opinion
No. CA 09-00803.
December 30, 2009.
Appeal from a judgment of the Supreme Court, Oneida County (Michael E. Daley, J.), entered December 26, 2008. The judgment dismissed the complaint against defendants Andrew S. Kowalczyk, Joseph Stephen Deery, Jr., and Calli, Kowalczyk, Tolles, Deery and Soja.
LUIBRAND LAW FIRM, PLLC, LATHAM (KEVIN A. LUIBRAND OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
SMITH, SOVIK, KENDRICK SUGNET, P.C., SYRACUSE (MICHELLE M. WESTERMAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Present: Smith, J.P., Peradotto, Green, Pine and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the cross motion
in part and reinstating the second and third causes of action against defendants Andrew S. Kowalczyk, Joseph Stephen Deery, Jr., and Calli, Kowalczyk, Tolles, Deery and Soja and as modified the judgment is affirmed without costs.
Same memorandum as in Dischiavi v Calli ([appeal No. 2] 68 AD3d 1691).