JONES v. RICCIARDELLI


40 A.D.3d 936 (2007)

836 N.Y.S.2d 665

LINDA JONES et al., Plaintiffs, v. JOHN J. RICCIARDELLI et al., Defendants. (Action No. 1.) LINDA JONES et al., Appellants, v. BRIAN RATZEL et al., Defendants, and NORMAN PFLASTER, Respondent. (Action No. 2.)

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

Decided May 22, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of Norman Pflaster for summary judgment dismissing the complaint in action No. 2 insofar as asserted against him is denied.

Norman Pflaster, a defendant in action No. 2, moved for summary judgment dismissing the complaint approximately eight months after the note of issue was filed in this action. The plaintiffs opposed the motion on the grounds that, inter alia, it...

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