Opinion
No. CA 09-00802.
December 30, 2009.
Appeal from a judgment of the Supreme Court, Oneida County (Michael E. Daley, J.), entered November 25, 2008. The judgment dismissed the complaint against defendant Thomas S. Soja.
LUIBRAND LAW FIRM, PLLC, LATHAM (KEVIN A. LUIBRAND OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
GETNICK LIVINGSTON ATKINSON GIGLIOTTI PRIORE, LLP, UTICA (PATRICK G. RADEL OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Smith, J.P., Peradotto, Green, Pine and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied in part and the complaint against defendant Thomas S. Soja is reinstated.
Same memorandum as in Dischiavi v Calli ([appeal No. 2] 68 AD3d 1691).