Miller v Bruno
2004 NY Slip Op 08445 [12 AD3d 1115]
November 19, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2005


Michael S. Miller, Respondent, v Dominique Bruno et al., Defendants, and Mary Lou Tornatore, as Executrix of Samuel T. Tornatore, Deceased, Appellant. (Appeal No. 1.)

[*1]Appeal from an order of the Supreme Court, Oneida County (John W. Grow, J.), entered July 3, 2003. The order, among other things, granted plaintiff's motion for summary judgment against defendant Mary Lou Tornatore, as executrix of the estate of Samuel T. Tornatore, deceased.

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

Same memorandum as in Tornatore v Bruno (12 AD3d 1115 [2004]). Present—Pigott, Jr., P.J., Pine, Hurlbutt, Kehoe and Lawton, JJ.