SMISLOFF v. STOTT

1151 CA 14-02066

133 A.D.3d 1331 (2015)

19 N.Y.S.3d 452

2015 NY Slip Op 08556

JAMES J. SMISLOFF, Respondent, v. DAVID P. STOTT, JR., et al., Appellants. DAVID P. STOTT, JR., et al., Third-Party Plaintiffs-Appellants, v. GREGG SMISLOFF, Third-Party Defendant-Respondent. (Appeal No. 2.)

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

Decided November 20, 2015.


Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered August 14, 2014. The judgment awarded plaintiff money damages of $72,800, plus interest, costs and disbursements.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Defendants-third-party plaintiffs (defendants) appeal from a judgment that, inter alia, dismissed pursuant to CPLR 3211 (a) (7) their third-party ...

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