MARTINO v. STOLZMAN

No. 18.

18 N.Y.3d 905 (2012)

964 N.E.2d 399

941 N.Y.S.2d 28

2012 NY Slip Op 1145

JENNIFER D. MARTINO, Respondent, v. MICHAEL A. STOLZMAN, Respondent, and MICHAEL OLIVER et al., Appellants. (Action No. 1.) JUDITH A. ROST, Respondent, v. MICHAEL A. STOLZMAN et al., Respondents, and MICHAEL OLIVER et al., Appellants. (Action No. 2.)

Court of Appeals of New York.

Decided February 16, 2012.


Attorney(s) appearing for the Case

Hagelin Kent LLC, Buffalo ( Victor M. Wright of counsel), for appellants in the first and second above-entitled actions.

Chiacchia & Fleming LLP, Hamburg ( Lisa A. Poch , Sarah P. Rera and Daniel J. Chiacchia of counsel), for Jennifer D. Martino, respondent in the first above-entitled action.

Kenney Shelton Liptak Nowak LLP, Buffalo ( Amanda L. Machacek of counsel), for Michael A. Stolzman, respondent in the first and second above-entitled actions.

Lipsitz Green Scime Cambria LLP, Buffalo ( John A. Collins of counsel), for Judith A. Rost, respondent in the second aboveentitled action.

Barth Sullivan Behr, Buffalo ( Sarah P. Rera of counsel), for Gina L. Avino and another, respondents in the second aboveentitled action.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the Oliver defendants' motion for summary judgment granted, the complaint in action No. 1 and the amended complaint in action No. 2 dismissed against them, and the certified question answered in the negative.

On the evening of December 31, 2006 and into January 1, 2007, Michael...

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