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CARPENTIERI v. KLOC

930 CA 21-01669.

213 A.D.3d 1314 (2023)

181 N.Y.S.3d 913

2023 NY Slip Op 00772

Richard A. Carpentieri, Respondent, v. Elaine Kloc, as Executor of the Estate of Paul Kloc, Deceased, et al., Appellants, (Action No. 1.). Selective Insurance Company of South Carolina, as Subrogee of Kloc Blossom Chapels, Inc., Appellant, v. Richard A. Carpentieri, Respondent. (Action No. 2.). Elaine Kloc, as Executor of the Estate of Paul Kloc, Deceased, Appellant, v. Richard A. Carpentieri, Respondent. (Action No. 3.). Elaine Kloc, Appellant, v. Richard A. Carpentieri, Respondent, et al., Defendant. (Action No. 4.).

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

Decided February 10, 2023.

Attorney(s) appearing for the Case

LAW OFFICE OF MICHAEL D. HOLLENBECK, BUFFALO (MICHAEL D. HOLLENBECK OF COUNSEL), FOR PLAINTIFF-APPELLANT IN ACTION NO. 3.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-APPELLANT IN ACTION NO. 4.

LIPPMAN O'CONNOR, BUFFALO (GERARD E. O'CONNOR OF COUNSEL), FOR DEFENDANTS-APPELLANTS IN ACTION NO. 1.

GIBSON, McASKILL & CROSBY, LLP, BUFFALO (CHARLES S. DESMOND, II, OF COUNSEL), FOR PLAINTIFF-RESPONDENT AND DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, Curran and Bannister, JJ.

Appeal from an order of the Supreme Court, Erie County (Mark A. Montour, J.), entered November 1, 2021. The order granted the motions of Richard A. Carpentieri for summary judgment.

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

Memorandum: These actions, which have been joined for trial and discovery on the issues of negligence, arise from an accident involving a motor vehicle operated by Richard A. Carpentieri...

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