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STONEHAM v. JOSEPH BARSUK, INC.

No. 94.

41 N.Y.3d 217 (2023)

232 N.E.3d 179

208 N.Y.S.3d 501

2023 NY Slip Op 06467

MARK A. STONEHAM et al., Appellants, v. JOSEPH BARSUK, INC., et al., Defendants, and DAVID J. BARSUK, Respondent.

Court of Appeals of New York.

Decided December 19, 2023.

Attorney(s) appearing for the Case

Lipsitz, Ponterio & Comerford, LLC, Buffalo (John N. Lipsitz, and Zachary James Woods of counsel), for appellants.

Goldberg Segalla LLP, Buffalo (James M. Specyal, and Susan E. Van Gelder of counsel), and Kenney Shelton Liptak Nowak LLP, Buffalo (Justin L. Hendricks and Melissa A. Foti of counsel), for respondent.

Chief Judge WILSON and Judges RIVERA, GARCIA, TROUTMAN and HALLIGAN concur. Judge CANNATARO dissents in an opinion.

OPINION OF THE COURT

APPEAL, by permission of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of that Court, entered November 18, 2022. The Appellate Division affirmed an order of the Supreme Court, Chautauqua County (Lynn W. Keane...

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