Abbott v Lucchetti
2013 NY Slip Op 06108 [109 AD3d 1092]
September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


Jonathan Abbott, Respondent, v Vito William Lucchetti, Jr., et al., Appellants. (Appeal No. 1)

—[*1] Cerio Law Offices, Syracuse (David W. Herkala of counsel), for defendants-appellants.

Kenny & Kenny, PLLC, Syracuse (Justin D. Howland of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered August 29, 2012. The order, insofar as appealed from, denied in part the motion of defendants to dismiss the amended complaint and denied the motion of defendants for a stay.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Abbott v Crown Mill Restoration Dev., LLC ([appeal No. 3] 109 AD3d 1097 [2013]). Present—Scudder, P.J., Smith, Fahey and Peradotto, JJ.