Daniels v Rumsey
2013 NY Slip Op 07616 [111 AD3d 1410]
November 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


Erica Daniels, Respondent, v Frances A. Rumsey, Appellant, and BuWayna Daniels, Respondent. (Appeal No. 3.)

—[*1] Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for defendant-appellant.

The Higgins Kane Law Group, P.C., Buffalo (Terrence P. Higgins of counsel), for plaintiff-respondent. Cohen & Lombardo, P.C., Buffalo (James J. Nash of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered August 22, 2012. The order, inter alia, granted the motion of defendant BuWayna Daniels for summary judgment dismissing the complaint and cross claims against her.

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

Same memorandum as in Daniels v Rumsey ([appeal No. 2] 111 AD3d 1408 [2013]). Present—Scudder, P.J., Fahey, Peradotto, Lindley and Valentino, JJ.