Stradtman v Cavaretta
2020 NY Slip Op 00737 [179 AD3d 1468]
January 31, 2020
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 11, 2020


[*1]
 Kermit G. Stradtman, Jr., Individually and as Administrator of the Estate of Kelly L. Stradtman, Deceased, Appellant,
v
Mark Cavaretta et al., Respondents. (Appeal No. 1.)

Kenney Shelton Liptak Nowak LLP, Buffalo (Amanda L. Machacek of counsel), for plaintiff-appellant.

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (John P. Danieu of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered August 14, 2018. The order granted defendants' motion for summary judgment and dismissed the complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Stradtman v Cavaretta ([appeal No. 2] 179 AD3d 1468 [4th Dept 2020]). Present—Centra, J.P., Peradotto, Carni, Troutman and Winslow, JJ.