OSCIER v. MUSTY

234 CA 15-00478.

138 A.D.3d 1402 (2016)

31 N.Y.S.3d 697

2016 NY Slip Op 03292

FRANCIS P. OSCIER, Respondent, v. JOANNE V. MUSTY, Respondent-Appellant, and ANTHONY J. MINGARELLI, JR., Appellant-Respondent, et al., Defendant. (Appeal No. 1.)

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

Decided April 29, 2016.


Appeal and cross appeal from an order of the Supreme Court, Erie County (Jeremiah J. Moriarty, III, J.), entered December 15, 2014. The order denied the cross motion of defendant Anthony J. Mingarelli, Jr., and the cross motion of defendant Joanne V. Musty for summary judgment with respect to the emergency doctrine.

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

Memorandum...

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