Loschiavo v De Bruyn
2006 NY Slip Op 03248 [28 AD3d 1144]
April 28, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 21, 2006


Augustine M. Loschiavo et al., Appellants, v Diana De Bruyn, as Administrator of the Estate of Jean D. Weed, Deceased, Defendant, and Richard Freeman, as Executor of Charles S. Freeman, Deceased, Respondent.

[*1]Appeal from a judgment of the Supreme Court, Erie County (John M. Curran, J.), entered April 5, 2005. The judgment, entered upon a jury verdict, dismissed plaintiffs' second amended complaint against defendant Richard Freeman, as executor of the estate of Charles S. Freeman, deceased.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Pigott, Jr., P.J., Hurlbutt, Martoche, Smith and Pine, JJ.