Pasceri v Keleher
2019 NY Slip Op 00757 [169 AD3d 1403]
February 1, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2019


[*1]
 Samuel J. Pasceri et al., Appellants,
v
Timothy Keleher et al., Defendants, and Bielmeier Builders, Inc., Respondent. (Appeal No. 1.)

Muscato, Dimillo & Vona, LLP, Lockport (P. Andrew Vona of counsel), for plaintiffs-appellants.

Walsh, Roberts & Grace LLP, Buffalo (Mark P. Della Posta of counsel), for defendant-respondent.

Appeal from a judgment of the Supreme Court, Niagara County (Sara Sheldon, A.J.), entered September 20, 2017. The judgment dismissed the complaint against defendant Bielmeier Builders, Inc., upon a jury verdict.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Pasceri v Keleher ([appeal No. 2] 169 AD3d 1403 [4th Dept 2019]). Present—Carni, J.P., Lindley, DeJoseph, NeMoyer and Winslow, JJ.