RAND v. FINGER LAKES PREMIER PROPS., INC.

313 CA 20-00843.

198 A.D.3d 1340 (2021)

155 N.Y.S.3d 658

2021 NY Slip Op 05410

James W. Rand, Respondent, v. Finger Lakes Premier Properties, Inc., et al., Defendants, and Valerie Martini, Appellant. (Appeal No. 1.).

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

Decided October 8, 2021.


Attorney(s) appearing for the Case

BARCLAY DAMON LLP, ROCHESTER ( TARA J. SCIORTINO OF COUNSEL), FOR DEFENDANT-APPELLANT.

HANDELMAN, WITKOWICZ & LEVITSKY, LLP, ROCHESTER ( MARTIN S. HANDELMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the amended complaint against defendant Valerie Martini is dismissed.

Memorandum: Plaintiff commenced this negligence action seeking damages arising from the destruction by accidental fire of his cottage on Keuka Lake in Yates County. He sued his neighbors, defendants David Binkowski and Karen Binkowski, on whose property the fire allegedly...

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