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CARLSON v. PORTER

CA 06-03634.

2008 NY Slip Op 06259

MICHAEL J. CARLSON, SR., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, DECEASED, PLAINTIFF, v. WILLIAM M. PORTER, DEFENDANT-APPELLANT, ET AL., DEFENDANTS, EDWARD H. NIESSER AND BOULEVARD TWIN CITY TRANSMISSIONS, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

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

Decided July 11, 2008.

Attorney(s) appearing for the Case

HISCOCK & BARCLAY, LLP, BUFFALO (MICHAEL E. FERDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA LLC, BUFFALO (JEFFREY F. BAASE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

PRESENT: CENTRA, J.P., LUNN, PERADOTTO, GREEN, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is affirmed without costs.

Same Memorandum as in Carlson v. Porter ([appeal No. 2] ___ AD3d ___ [July 11, 2008]).

All concur; Pine, J., concurs in the Memorandum insofar as it concerns appeal...

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