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ZICARI v. BUCKLEY

1038 CA 22-00210.

213 A.D.3d 1343 (2023)

184 N.Y.S.3d 499

2023 NY Slip Op 00788

Craig J. Zicari et al., Appellants, v. Graeme R. Buckley, Respondent, et al., Defendant.

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

Decided February 10, 2023.

Attorney(s) appearing for the Case

McCONVILLE, CONSIDINE, COOMAN & MORIN, P.C., ROCHESTER ( KRISTEN DOMBROSKI OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

OSBORNE, REED & BURKE, LLP, ROCHESTER ( MICHAEL C. PRETSCH OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Peradotto, Bannister, Montour and Ogden, JJ.

Appeal from an order of the Supreme Court, Monroe County (Gail Donofrio, J.), entered January 14, 2022. The order granted the motion of defendant Graeme R. Buckley for summary judgment dismissing the complaint against him.

It is hereby ordered that the order so appealed from is modified on the law by denying in part the motion of defendant Graeme R. Buckley and reinstating the first and fifth causes of action against him and as modified the order is affirmed without...

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