Hannah B. Acres, LLC v Howe
2010 NY Slip Op 09816 [79 AD3d 1814]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


Hannah B. Acres, LLC, et al., Plaintiffs, v Martha A. Howe, as Guardian of the Person and Property of Anna P. Kohl, Sued Herein as Anna P. Kohl, Individually and as Survivor of Walter A. Kohl, Appellant, and Thomas J. Granchelli, Respondent.

—[*1] Muscato, Dimillo & Vona, LLP, Lockport (George V.C. Muscato of counsel), for defendant-appellant.

Henrik H. Hansen, PLLC, Lockport (Henrik H. Hansen of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered March 12, 2010. The order, insofar as appealed from, granted the motion of defendant Thomas J. Granchelli for summary judgment dismissing the cross claim and affirmative defense of defendant Martha K. Howe, as guardian of the person and property of Anna P. Kohl, sued herein as Anna P. Kohl, individually and as survivor of Walter A. Kohl.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Peradotto, Carni and Sconiers, JJ.