Stephenson v Fleming
2013 NY Slip Op 04216 [107 AD3d 1474]
June 7, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


Lindsey Stephenson, Respondent, v Andrew P. Fleming et al., Appellants. Martha Kavanaugh, Respondent,
v
Andrew P. Fleming et al., Appellants.

—[*1] Chiacchia & Fleming, LLP, Hamburg (Christen Archer Pierrot of counsel), for defendants-appellants.

Law Offices of John P. Bartolomei & Associates, Niagara Falls, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered February 1, 2012. The order denied the motions of defendants to dismiss the actions.

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, Lindley and Valentino, JJ.