Kirshtein v AmeriCU Credit Union
2011 NY Slip Op 02244 [83 AD3d 162]
March 25, 2011
Centra, J.
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


[*1]
Murray J.S. Kirshtein, as Guardian and as Administrator of the Estate of George J. Tapper, Deceased, Plaintiff,
v
AmeriCU Credit Union (Formerly Up State Federal Credit Union), et al., Defendants. (And a Third-Party Action.) (Action No. 1.) Murray J.S. Kirshtein, as Administrator of the Estate of George J. Tapper, Deceased, Respondent, v Toys-"R"-Us, Inc., Appellant, et al., Defendants. (And a Third-Party Action.) (Action No. 2.) (Appeal No. 2.)

Fourth Department, March 25, 2011

APPEARANCES OF COUNSEL

Nasto Law Firm, Yorkville (John A. Nasto, Jr., of counsel), for defendant-appellant.

Rossi and Murnane, New York Mills (Vincent J. Rossi, Jr., of counsel), for plaintiff-respondent.

{**83 AD3d at 162} OPINION OF THE COURT

Centra, J.P.,

Same opinion by Centra, J.P., as in Kirshtein v AmeriCU Credit Union (83 AD3d 153 [2011]).

Peradotto, Lindley, Sconiers and Martoche, JJ., concur.

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