Dischiavi v Calli
2009 NY Slip Op 09776 [68 AD3d 1695]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


Gary M. Dischiavi et al., Appellants, v William S. Calli et al., Defendants, and Robert Calli et al., Respondents. (Appeal No. 5.)

—[*1] Luibrand Law Firm, PLLC, Latham (Kevin A. Luibrand of counsel), for plaintiffs-appellants.

Hiscock & Barclay, LLP, Syracuse (Kevin M. Hayden of counsel), for defendants-respondents.

Appeal from a judgment of the Supreme Court, Oneida County (Michael E. Daley, J.), entered January 12, 2009. The judgment dismissed the complaint against defendants Robert Calli, Herbert Cully, and Calli, Calli and Cully.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied in part and the complaint against defendants Robert Calli, Herbert Cully, and Calli, Calli and Cully is reinstated.

Same memorandum as in Dischiavi v Calli ([appeal No. 2] 68 AD3d 1691 [2009]). Present—Smith, J.P., Peradotto, Green, Pine and Gorski, JJ.