HARPER v. AL-SHABY

237 CA 22-00104.

218 A.D.3d 1163 (2023)

193 N.Y.S.3d 495

2023 NY Slip Op 03992

Carmetris Harper et al., Appellants, v. Saleh N. Al-Shaby et al., Respondents. (Appeal No. 2.)

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

Decided July 28, 2023.


Attorney(s) appearing for the Case

CAMPBELL & ASSOCIATES, HAMBURG ( JOHN T. RYAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

GOLDBERG SEGALLA, LLP, BUFFALO ( KATHLEEN J. MARTIN OF COUNSEL), FOR DEFENDANT-RESPONDENT SALEH N. AL-SHABY.

MURA LAW GROUP, BUFFALO ( SCOTT D. MANCUSO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS ALI MOHAMMED SALEH AND ADEN ENTERPRISES, INC., DOING BUSINESS AS GREEN FARM MARKET.

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


Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered January 11, 2022. The order and judgment dismissed the complaint.

It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs, the posttrial motion is granted, the verdict is set aside, the complaint is reinstated, and a new trial is granted.

Memorandum...

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