MARIETTA v. SCELZO


29 A.D.3d 539 (2006)

815 N.Y.S.2d 137

ALFRED F. MARIETTA et al., Respondents, v. ANTOINETTE SCELZO et al., Respondents, and JEFFREY ROGOVE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 2, 2006.


Ordered that the order is reversed, on the law, with one bill of costs, that branch of the motion which was to dismiss the complaint and all cross claims insofar as asserted against the appellant is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The appellant established his prima facie entitlement to judgment as a matter of law on the issue of liability...

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