| Talarico v Buck |
| 2018 NY Slip Op 08785 [167 AD3d 1481] |
| December 21, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Amber M. Talarico, Appellant, v Jason L. Buck et al., Defendants, and Matthew J. Sile et al., Respondents. (Appeal No. 2.) |
Steve Boyd, P.C., Williamsville (Stephen Boyd of counsel), for plaintiff-appellant.
Mura & Storm, PLLC, Buffalo (Roy A. Mura of counsel), for defendants-respondents.
Appeal from an order of the Supreme Court, Niagara County (Sara Sheldon, A.J.), entered December 7, 2017. The order, insofar as appealed from, granted that part of the motion of defendants Matthew J. Sile and James W. Sile seeking summary judgment dismissing the complaint of plaintiff Amber M. Talarico against them.
It is hereby ordered that the order insofar as appealed from is reversed on the law without costs, that part of the motion of defendants Matthew J. Sile and James W. Sile for summary judgment dismissing the complaint against them is denied, and the complaint against them is reinstated.
Same memorandum as in Gilkerson v Buck (167 AD3d 1470 [4th Dept 2018]).
All concur except Peradotto, J.P., and Carni, J., who dissent and vote to affirm in the same dissenting memorandum as in Gilkerson v Buck (167 AD3d 1470 [4th Dept 2018]). Present—Peradotto, J.P., Carni, Lindley, Curran and Winslow, JJ.