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SYWAK v. GRANDE

216 CA 22-00686.

217 A.D.3d 1382 (2023)

190 N.Y.S.3d 730

2023 NY Slip Op 03113

William M. Sywak, Respondent, v. Barbara Grande, Defendant, and Joseph D. Dwyer et al., Appellants.

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

HURWITZ & FINE, P.C., BUFFALO (BRIAN M. WEBB of counsel), FOR DEFENDANTS-APPELLANTS.

SHAW & SHAW, P.C., HAMBURG (LEONARD D. ZACCAGNINO of counsel), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Lindley, Montour, Ogden and Greenwood, JJ.

Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered April 26, 2022. The order, among other things, denied in part the motion of defendants Joseph D. Dwyer and Robert D. Dwyer for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion of defendants Joseph D. Dwyer and Robert D. Dwyer in part and dismissing the complaint against those defendants...

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