Brent v Eisele
2007 NY Slip Op 03486 [39 AD3d 1250]
April 20, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


Sharon A. Brent et al., as Administrators of the Estate of David Francis Schwab, Deceased, Respondents, v Douglas H. Eisele et al., Appellants.

—[*1] Nixon Peabody LLP, Buffalo (Susan C. Roney of counsel), for defendants-appellants.

The Law Office of Jon Louis Wilson, Lockport (Jon Louis Wilson of counsel), for plaintiffs-respondents. Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered January 25, 2006. The order denied defendants' motion for summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.P., Gorski, Smith, Fahey and Green, JJ.