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SHUTTLEWORTH v. CORY

877 CA 22-01896.

222 A.D.3d 1392 (2023)

200 N.Y.S.3d 253

2023 NY Slip Op 06635

Robert Shuttleworth, Respondent-Appellant, v. Sandra Cory, Appellant-Respondent, et al., Defendant.

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

Decided December 22, 2023.

Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( BRENT C. SEYMOUR OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

CELLINO LAW LLP, BUFFALO ( GREGORY V. PAJAK OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present—Smith, J.P., Bannister, Ogden, Greenwood and DelConte, JJ.

Appeal and cross-appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered October 6, 2022. The order denied the motion of defendant Sandra Cory for summary judgment, and denied the cross-motion of plaintiff for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the complaint against defendant Sandra Cory insofar as it alleges common-law...

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