PRESTON v. NICHOLS

63 CA 22-00783.

216 A.D.3d 1398 (2023)

189 N.Y.S.3d 837

2023 NY Slip Op 02408

Christine Preston, Respondent, v. Dale R. Nichols, Appellant.

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

Decided May 5, 2023.


Attorney(s) appearing for the Case

BOYLAN CODE LLP, ROCHESTER ( MICHAEL J. WEGMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

CHENEY LAW FIRM, PLLC, GENEVA ( DAVID D. BENZ OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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


Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered April 15, 2022. The order denied the motion of defendant to dismiss plaintiff's first through third causes of action and to cancel a notice of pendency.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part, dismissing the first and second causes of action and cancelling the notice of pendency and as modified...

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