Viscusi v Ostrowski
2008 NY Slip Op 06416 [53 AD3d 965]
July 24, 2008
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 3, 2008


Joseph Viscusi, Jr., Respondent, v Casimir J. Ostrowski, Appellant.

—[*1] Taylor & Associates, Albany (Keith M. Frary of counsel), for appellant.

Harding Law Firm, Niskayuna (Charles R. Harding of counsel), for respondent.

Appeal from an order of the Supreme Court (Reilly, Jr., J.), entered September 14, 2007 in Schenectady County, which partially denied defendant's motion for summary judgment dismissing the complaint.

Order affirmed, upon the opinion of Justice Vincent J. Reilly, Jr.

Peters, J.P., Rose, Lahtinen, Kane and Stein, JJ., concur. Ordered that the order is affirmed, with costs.