Jeffrey A. Battersby v Jetzabel Elsevy-olmo & Victor Elsevik
Motion No: 2006-01187 ORC
Slip Opinion No: 2009 NY Slip Op 76844(U)
Decided on June 23, 2009
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ.

NO. 2006-1187 OR C
JEFFREY A. BATTERSBY,

Appellant,

-against-

JETZABEL ELSEVY-OLMO
and VICTOR ELSEVIK,

Respondents.

DECISION

Motion by appellant for an order of summary reversal is granted and this matter is remanded to the court below for a new trial.

Scheinkman, J., taking no part.