| Sandra Parisi v Nancy Smith |
| 2004 NY Slip Op 02057 [5 AD3d 1132] |
| Decided on March 19, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, GORSKI, AND HAYES, JJ.
455 CA 03-00613
[*1]SANDRA PARISI, PLAINTIFF-APPELLANT, ORDER
v
NANCY SMITH, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JOHN STUART SMITH, DECEASED, MICHAEL S. JAKUBOWSKI, ELAINE SHERWOOD JAKUBOWSKI, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.
Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered November 4, 2002. The order granted the motion and cross motion of defendants Nancy Smith, individually and as executrix of the estate of John Stuart Smith, deceased, Michael S. Jakubowski and Elaine Sherwood Jakubowski for summary judgment dismissing the complaint against them and denied plaintiff's cross motion for summary judgment.
KNAUF SHAW LLP, ROCHESTER (ALAN J. KNAUF OF COUNSEL), FOR PLAINTIFF-APPELLANT.
NIXON PEABODY LLP, ROCHESTER (RICHARD A. MC GUIRK OF COUNSEL), FOR DEFENDANT-RESPONDENT NANCY SMITH, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JOHN STUART SMITH, DECEASED.
HISCOCK & BARCLAY, LLP, ROCHESTER (ROBERT M. SHADDOCK OF COUNSEL), FOR DEFENDANTS-RESPONDENTS MICHAEL S. JAKUBOWSKI AND ELAINE SHERWOOD JAKUBOWSKI.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 19, 2004
JoAnn M. Wahl
Clerk of the Court