| Hartnett v Zuchowski |
| 2019 NY Slip Op 06935 [175 AD3d 1832] |
| September 27, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Joseph Hartnett et al., Appellants, v Michael Zuchowski, Respondent, et al., Defendants. (Appeal No. 2.) |
Joseph G. Makowski, LLC, Buffalo (Joseph G. Makowski of counsel), for plaintiffs-appellants.
Osborn, Reed & Burke, LLP, Rochester (Jeffrey P. Dipalma of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Erie County (Emilio L. Colaiacovo, J.), entered December 4, 2017. The order, insofar as appealed from, denied plaintiffs' cross motion for partial summary judgment against defendant Michael Zuchowski on the issue of liability.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Hartnett v Zuchowski ([appeal No. 1] 175 AD3d 1831 [4th Dept 2019]). Present—Whalen, P.J., Smith, DeJoseph, Curran and Winslow, JJ.