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ABATE v. BLACK WOLF

412 CA 22-01295.

219 A.D.3d 1118 (2023)

194 N.Y.S.3d 409

2023 NY Slip Op 04264

Melinda B. Abate et al., Respondents, and Peter Tubiolo, Respondent-Appellant, v. Elizabeth S. Black Wolf, Also Known as Elizabeth Black, Respondent, and 1840 Restaurant, LLC, et al., Appellants, et al., Defendant. (Appeal No. 1.).

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

Decided August 11, 2023.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, ROCHESTER ( MATTHEW A. LENHARD OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

CAMPBELL & ASSOCIATES, HAMBURG ( JASON M. TELAAK OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

FARACI LANGE, LLP, ROCHESTER ( CAROL A. McKENNA OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE ( STACY A. MARRIS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Bannister and Ogden, JJ.

Appeals from an order of the Supreme Court, Monroe County (Craig J. Doran, J.), entered July 25, 2022. The order denied in part the motion of defendants 1840 Restaurant, LLC and 1840 Restaurant, LLC, doing business as Compane Brick Oven Bistro seeking summary judgment and granted the motion of defendant Elizabeth S. Black Wolf for summary judgment dismissing the complaint of plaintiff Peter Tubiolo against her.

It is hereby ordered that the order so appealed from...

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