| Sprague v Marshall |
| 2005 NY Slip Op 00698 [15 AD3d 1017] |
| Decided on February 4, 2005 |
| 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 February 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, LAWTON, AND HAYES, JJ.
44 CA 04-01181
[*1]RICHARD A. SPRAGUE, PLAINTIFF-RESPONDENT, ORDER
v
MICHAEL MARSHALL AND JANET MARSHALL, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Livingston County (Ronald A. Cicoria, A.J.), entered March 15, 2004. The order denied the motion of defendants for summary judgment dismissing the complaint.
HISCOCK & BARCLAY, LLP, ALBANY (BRIAN D. CASEY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
CHAMBERLIN, D'AMANDA, OPPENHEIMER & GREENFIELD, LLP, ROCHESTER (ALEXANDER KOROTKIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: February 4, 2005
JoAnn M. Wahl
Clerk of the Court