| Izzo v David L. Vickers & Sons |
| 2019 NY Slip Op 06280 [175 AD3d 959] |
| August 22, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Gloria M. Izzo, Respondent-Appellant, v David L. Vickers & Sons et al., Appellants-Respondents. (Appeal No. 7.) |
Saunders Kahler, LLP, Utica (Merritt S. Locke of counsel), for defendants-appellants-respondents.
Bosman Law Firm, LLC, Rome (A.J. Bosman of counsel), for plaintiff-respondent-appellant.
Appeal and cross appeal from a judgment of the Supreme Court, Oneida County (Patrick F. MacRae, J.), entered April 20, 2017. The judgment awarded plaintiff money damages.
It is hereby ordered that the judgment so appealed from is unanimously vacated and the order entered December 10, 2015, is modified on the law by granting that part of the motion of defendants David L. Vickers & Sons and David L. Vickers, individually, for summary judgment dismissing the negligence cause of action and as modified the order is affirmed without costs.
Same memorandum as in Sestito v David L. Vickers & Sons ([appeal No. 2] 175 AD3d 955 [4th Dept 2019]). Present—Centra, J.P., Peradotto, Lindley, Troutman and Winslow, JJ.