DIXON v. ZIELINSKI

293 CA 22-01423.

214 A.D.3d 1363 (2023)

183 N.Y.S.3d 905

2023 NY Slip Op 01431

Cressida A. Dixon, Monroe County Public Administrator, C.T.A. of the Estate of Lena G. Zielinski, Deceased, General Partner of E-Z Mini Storage, L.P., et al., Appellants, v. Earl D. Zielinski, Individually and as a General Partner of E-Z Mini Storage, L.P., Respondent.

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

Decided March 17, 2023.


Attorney(s) appearing for the Case

HANDELMAN, WITKOWICZ & LEVITSKY, ROCHESTER ( MARTIN S HANDELMAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

GALLO & IACOVANGELO, LLP, ROCHESTER ( CRAIG D. CHARTIER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

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


Appeal from an order of the Supreme Court, Monroe County (Christopher S. Ciaccio, A.J.), entered October 25, 2021. The order granted the motion of defendant for summary judgment dismissing the complaint and denied the cross motion of plaintiffs for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at...

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