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BARKER v. GERVERA

231 CA 22-00300.

218 A.D.3d 1159 (2023)

193 N.Y.S.3d 598

2023 NY Slip Op 03989

David Barker, Appellant, v. Anthony V. Gervera et al., Respondents. (Appeal No. 1.)

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

LONGSTREET & BERRY, LLP, FAYETTEVILLE ( MICHAEL J. LONGSTREET OF COUNSEL), FOR PLAINTIFF-APPELLANT.

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE ( MATTHEW W. O'NEIL OF COUNSEL), FOR DEFENDANTS-RESPONDENTS ANTHONY V. GERVERA AND AMANDA D. GERVERA.

HANCOCK & ESTABROOK, LLP, SYRACUSE ( JANET D. CALLAHAN OF COUNSEL), FOR DEFENDANT-RESPONDENT FARM CREDIT EAST, ACA.

Present—Smith, J.P., Lindley, Curran and Ogden, JJ.

Appeal from an order of the Supreme Court, Oswego County (James P. McClusky, J.), entered February 17, 2022. The order, insofar as appealed from, granted the motion of defendant Farm Credit East, ACA to dismiss the action against it and granted in part the motion of defendants Anthony V. Gervera and Amanda D. Gervera to dismiss the action against them.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the...

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