VENDETTI v. ZYWIAK

517 CA 19-01065.

191 A.D.3d 1268 (2021)

140 N.Y.S.3d 635

2021 NY Slip Op 00696

Joseph Vendetti, Respondent-Appellant, v. Stephen Zywiak et al., Appellants-Respondents, et al., Defendants. (Appeal No. 1.)

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

Decided February 5, 2021.


Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( FREDERICK A. BRODIE OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.

BOSMAN LAW, LLC, BLOSSVALE ( A.J. BOSMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present—Whalen, P.J., Smith, Carni, NeMoyer and Curran, JJ.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion for a directed verdict is granted, the award of attorneys' fees is vacated, and the second amended complaint is dismissed.

Memorandum: Plaintiff, a civil engineer employed by the New York State Department of Transportation (DOT), commenced this action against defendants-appellants—who are three DOT supervisors and a human resources administrator...

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