Chiapetta v Wrobel
2005 NY Slip Op 02173 [16 AD3d 1182]
Decided on March 18, 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 March 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., GREEN, GORSKI, MARTOCHE, AND SMITH, JJ.

396 CA 04-02401

[*1]BRENDA S. CHIAPETTA AND GABRIEL CHIAPETTA, PLAINTIFFS-RESPONDENTS, ORDER

v

LINDA A. WROBEL AND JAMES A. WROBEL, DEFENDANTS-APPELLANTS.



Appeal from an order the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered February 23, 2004. The order denied defendants' motion for summary judgment dismissing the complaint.


LAW OFFICE OF ROY A. MURA, BUFFALO (SUSAN H. SADINSKY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
MISERENDINO, CELNIKER, SEEGERT & ESTOFF, P.C., BUFFALO (JOY ELLEN MISERENDINO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court