| Draudt v Draudt |
| 2005 NY Slip Op 07104 [21 AD3d 1443] |
| Decided on September 30, 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 September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GORSKI, MARTOCHE, PINE, AND LAWTON, JJ.
1041 CA 05-00529
[*1]JANICE M. DRAUDT, AS ADMINISTRATRIX OF THE ESTATE OF NICHOLAS JAMES DRAUDT, DECEASED, PLAINTIFF-RESPONDENT, ORDER
v
DAVID J. DRAUDT, AS ADMINISTRATOR OF THE ESTATE OF BARBARA A. DRAUDT, DECEASED, DEFENDANT-RESPONDENT, AND MARTIN L. METZGER, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered December 9, 2004. The order, insofar as appealed from, denied the motion of defendant Martin L. Metzger for summary judgment dismissing the complaint and cross claim against him.
SUGARMAN LAW FIRM, LLP, BUFFALO (SHANNON M. HENEGHAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
MAGAVERN, MAGAVERN & GRIMM, L.L.P., BUFFALO (JOSEPH R. CONNELLY 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: September 30, 2005
JoAnn M. Wahl
Clerk of the Court