Pizzimenti v Henn
2005 NY Slip Op 04965 [19 AD3d 1185]
Decided on June 10, 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 June 10, 2005
MOTION NO. (232/05) CA 04-02577.

[*1]MARIE PIZZIMENTI, ANTHONY PIZZIMENTI AND SALVATORE RICOTTA, AS EXECUTOR OF THE ESTATE OF CATHERINE A. RICOTTA, DECEASED, PLAINTIFFS-APPELLANTS,

v

CATHIE HENN, ET AL., DEFENDANTS, TOPS MARKETS, INC., DOING BUSINESS AS WILSON FARMS, NATHAN BENDERSON, RONALD BENDERSON AND DAVID H. BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED SEPTEMBER 22, 1993, KNOWN AS RANDALL BENDERSON 1993-1 TRUST, AND BENDERSON DEVELOPMENT COMPANY, INC., DEFENDANTS-RESPONDENTS.





Motion for reargument or, in the alternative, leave to appeal to the Court of Appeals denied.
PRESENT: GREEN, J.P., SCUDDER, GORSKI, MARTOCHE, AND PINE, JJ. (Filed June 10, 2005.)