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CAPPOLA v. TENNYSON CT.

586 CA 24-00098.

230 A.D.3d 1555 (2024)

217 N.Y.S.3d 778

2024 NY Slip Op 04673

Patrick Cappola, as Proposed Executor of the Estate of Rose Cappola, Deceased, Respondent, v. Tennyson Court et al., Appellants. (Appeal No. 2.).

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

Decided September 27, 2024.

Attorney(s) appearing for the Case

ROACH, BROWN, McCARTHY & GRUBER, P.C., BUFFALO (MEGHANN N. ROEHL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BROWN CHIARI LLP, BUFFALO (TIMOTHY M. HUDSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Curran, Montour, Nowak and DelConte, JJ.

Appeal from an order of the Supreme Court, Erie County (Amy C. Martoche, J.), entered May 9, 2023. The order, insofar as appealed from, denied in part the motion of defendants to dismiss the complaint and granted plaintiff's cross-motion to amend the complaint to substitute Mark Cappola and Patrick Cappola, as the executors of the estate of Rose Cappola, as plaintiffs.

It is hereby ordered that said appeal is unanimously dismissed...

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