| Buffamante Whipple Buttafaro, Certified Public Accountants, P.C. v Dawson |
| 2014 NY Slip Op 04301 [118 AD3d 1284] |
| June 13, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Buffamante Whipple Buttafaro, Certified Public
Accountants, P.C., Appellant, v Kelly A. Dawson, Defendant, and John S. Trussalo, Certified Public Accountants, P.C., Respondent. (Appeal No. 2.) |
Phillips Lytle LLP, Buffalo (Craig R. Bucki of counsel), for plaintiff-appellant.
Spoto, Slater & Sirwatka, Jamestown (Kevin J. Sirwatka of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered February 4, 2013. The order granted the motion of defendant John S. Trussalo, Certified Public Accountants, P.C., for summary judgment and dismissed the complaint against it.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint against defendant John S. Trussalo, Certified Public Accountants, P.C. is reinstated.
Same memorandum as in Buttafaro v Dawson (118 AD3d 1283 [June 13, 2014]). Present—Scudder, P.J., Centra, Carni, Sconiers and Whalen, JJ.