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GALLO v. OTTEN

321 CA 23-00540.

2024 NY Slip Op 02455

ANTHONY P. GALLO, III, Plaintiff-Respondent, v. GERALD D. OTTEN, ELBERT VELDJESGRAAF, ADMIRAL-MERCHANTS MOTOR FREIGHT, INC., STATE LINE PILOT CAR & PERMIT SERVICE, LLC, Defendants-Respondents, 2528388 ONTARIO LTD, RALPH J. BETTS AND AMY F. BETTS, Defendants-Appellants.

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

Decided May 3, 2024.

Attorney(s) appearing for the Case

HURWITZ FINE, P.C., BUFFALO ( V. CHRISTOPHER POTENZA OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

SMITH, MURPHY & SCHOEPPERLE, LLP, BUFFALO ( DENNIS P. MESCALL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( JUSTIN L. HENDRICKS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS GERALD D. OTTEN, ELBERT VELDJESGRAAF, AND ADMIRAL-MERCHANTS MOTOR FREIGHT, INC.

PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, DELCONTE, AND HANNAH, JJ.

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered March 29, 2023. The order denied the cross-motion of defendants 2528388 Ontario LTD, Ralph J. Betts and Amy F. Betts for summary judgment dismissing the complaint and all cross-claims against them.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at...

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