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ABATE v. BLACK WOLF

413 CA 22-01567.

219 A.D.3d 1120 (2023)

193 N.Y.S.3d 615

2023 NY Slip Op 04265

Melinda B. Abate et al., Respondents, v. Elizabeth S. Black Wolf, Also Known as Elizabeth Black, et al., Defendants, and 1840 Restaurant, LLC, et al., Appellants. (Appeal No. 2.).

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.

FARACI LANGE, LLP, ROCHESTER ( CAROL A. MCKENNA OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS MELINDA B. ABATE AND MATTHEW C. ABATE.

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

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

Appeal from an order of the Supreme Court, Monroe County (Craig J. Doran, J.), entered September 27, 2022. The order denied the motion of defendants 1840 Restaurant, LLC and 1840 Restaurant, LLC, doing business as Compane Brick Oven Bistro for an order bifurcating the trial with respect to the issues of liability and damages.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

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