| Eberhardt v Nappa |
| 2018 NY Slip Op 06405 [164 AD3d 1661] |
| September 28, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Ellana Eberhardt, Respondent, v John Nappa et al., Defendants, and Anthony Nappa, Appellant. |
Burgio, Curvin & Banker, Buffalo (Steven P. Curvin of counsel), for defendant-appellant.
Dietrich Law Firm P.C., Amherst, Magavern Magavern Grimm LLP, Buffalo (Edward J. Markarian of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered January 8, 2018. The order denied the motion of defendant Anthony Nappa to dismiss the complaint against him and granted the cross motion of plaintiff to extend the time for service of the summons and complaint on said defendant.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Carni, J.P., Lindley, Curran and Winslow, JJ.