Thuman v DeMartino
2018 NY Slip Op 00674 [158 AD3d 1078]
February 2, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2018


[*1]
 David Thuman, Jr., Respondent,
v
Jill DeMartino, Appellant.

Knauf Shaw LLP, Rochester (Dwight E. Kanyuck of counsel), for defendant-appellant.

Stamm Law Firm, Williamsville (Brian G. Stamm of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered September 9, 2016. The order denied defendant's motion for summary judgment on her counterclaims and granted plaintiff's "cross motion for summary judgment and motion to dismiss" the counterclaims.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Peradotto, J.P., Carni, Lindley, Curran and Troutman, JJ.