Hartsock v Scaccia
2011 NY Slip Op 03742 [84 AD3d 1699]
May 6, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 6, 2011


Emma Hartsock, Individually and as Temporary Guardian of the Person and Property of Roy A. Hartsock, Plaintiff,
v
Robert T. Scaccia, Appellant, and Nash-Car Sales & Service et al., Respondents, et al., Defendants. (Appeal No. 2.)

—[*1] Law Offices of Taylor & Santacrose, Buffalo (Destin C. Santacrose of counsel), for defendant-appellant.

Dixon & Hamilton, LLP, Getzville (Michael B. Dixon of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered February 8, 2010. The order granted the motion of defendants Nash-Car Sales & Service and E. David Nashwinter for summary judgment dismissing defendant Robert T. Scaccia's cross claim against them.

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

Same memorandum as in Hartsock v Scaccia (84 AD3d 1697 [2011]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.