Cotten v Lesser
2018 NY Slip Op 06416 [164 AD3d 1666]
September 28, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2018


[*1]
 Carole Cotten, Doing Business as Dynamics Unlimited, Respondent,
v
Stanton H. Lesser, as Successor Trustee of the Robert K. Lesser Living Trust Dated April 21, 2005, et al., Appellants, et al., Defendant. (Action No. 1.) Graf Building, LLC, Respondent, v Stanton H. Lesser et al., as Copersonal Representatives of the Estate of Robert K. Lesser, Deceased, et al., Appellants. (Action No. 2.) Medicor Associates, Inc., Respondent, v Stanton H. Lesser et al., as Copersonal Representatives of the Estate of Robert K. Lesser, Deceased, et al., Appellants, et al., Defendants. (Action No. 3.) G.H. Graf Realty Corporation et al., Respondents, v Stanton H. Lesser et al., as Copersonal Representatives of the Estate of Robert K. Lesser, Deceased, et al., Appellants, et al., Defendants. (Action No. 4.) Carole Cotten, Doing Business as Dynamics Unlimited, Respondent, v Stanton H. Lesser et al., as Copersonal Representatives of the Estate of Robert K. Lesser, Deceased, et al., Appellants, et al., Defendants. (Action No. 5.)

Goldberg Segalla LLP, Buffalo (Troy S. Flascher of counsel), for defendants-appellants.

Burgett & Robbins, LLP, Jamestown (Lydia Allen Caylor of counsel), for plaintiff-respondent Carole Cotten, Doing Business as Dynamics Unlimited.

Duke, Holzman, Photiadis & Gresens LLP, Buffalo (Howard E. Berger of counsel, for plaintiff-respondent Graf Building, LLC.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (Marco Cercone of counsel), for plaintiff-respondent Medicor Associates, Inc.

Law Offices of John Wallace, Buffalo (James J. Navagh of counsel), for plaintiffs-respondents G.H. Graf Realty Corporation and Others.

Appeals from an order of the Supreme Court, Chautauqua County (Frank A. Sedita, III, J.), entered February 27, 2017. The order, among other things, denied that part of the motion of defendants-appellants seeking summary judgment dismissing the complaints against them.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (54 Misc 3d 1221[A], 2017 NY Slip 50262[U]). Present—Centra, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.