Zayatz v Collins
2008 NY Slip Op 01241 [48 AD3d 1291]
February 8, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Necole R. Zayatz, Appellant, v William B. Collins, Esq., et al., Defendants, and Jacob P. Myles, Respondent. (Appeal No. 2.)

—[*1] Schimmerling Law Offices, Delhi (Thomas E. Schimmerling of counsel), for plaintiff-appellant.

William R. Hites, Buffalo, for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered September 13, 2006. The order granted the motion of defendant Jacob P. Myles for summary judgment dismissing the complaint against him.

It is hereby ordered that the order so appealed from is affirmed without costs.

Same memorandum as in Zayatz v Collins (48 AD3d 1287 [2008]).

All concur; Gorski and Pine, JJ., concur in the memorandum insofar as it concerns appeal No. 2 only. Present—Scudder, P.J., Hurlbutt, Gorski, Centra and Pine, JJ.