Szczesniak v Whitford
2009 NY Slip Op 09777 [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


Stephen Szczesniak et al., Respondents, v Mark Whitford, Appellant, and Mark Hawkins, Respondent.

—[*1] Law Offices of Epstein & Hartford, North Syracuse (Sheila Finn Schwedes of counsel), for defendant-appellant.

Merkel & Merkel, Rochester (David A. Merkel of counsel), for plaintiffs-respondents.

Trevett Cristo Salzer & Andolina, P.C., Rochester (Christopher Pusateri of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Livingston County (Dennis S. Cohen, A.J.), entered July 21, 2008. The order, insofar as appealed from, denied the motion of defendant Mark Whitford for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Smith, J.P., Peradotto, Green, Pine and Gorski, JJ.