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DeMARCO v. SEVERANCE

546 CA 22-00916.

219 A.D.3d 1150 (2023)

194 N.Y.S.3d 398

2023 NY Slip Op 04284

Debra A. DeMarco et al., Appellants, v. Dominick A. Severance et al., Respondents.

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

Decided August 11, 2023.

Attorney(s) appearing for the Case

HOGANWILLIG PLLC, AMHERST (DANIEL S. GVERTZ OF COUNSEL), FOR PETITIONERS-APPELLANTS.

SERCU & SERCU, LLP, PITTSFORD (MARILEE G. SERCU OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Present— Smith, J.P., Lindley, Curran, Bannister and Ogden, JJ.

Appeals from an order of the Supreme Court, Monroe County (Richard A. Dollinger, A.J.), entered November 19, 2021. The order granted respondents' motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, the petitions are reinstated, and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Petitioners...

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