McDowell v Eads (2020 NY Slip Op 01749)

McDowell v Eads

2020 NY Slip Op 01749 [181 AD3d 1179]

March 13, 2020

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 6, 2020

[*1]

Jordan McDowell, Respondent,
v
James Eads et al., Defendants, and Michael C. Brant, Appellant. (Appeal No. 2.)

Bennett Schechter Arcuri & Will LLP, Buffalo (Peter D. Cantone of counsel), for defendant-appellant.

Hemming & Staehr, P.C., Williamsville (Jonathan E. Staehr of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered October 23, 2018. The order denied the motion of defendant Michael C. Brant for summary judgment dismissing the amended complaint against him.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the amended complaint is dismissed against defendant Michael C. Brant.

Same memorandum as in McDowell v Maldovan ([appeal No. 1] 181 AD3d 1178 [4th Dept 2020]). Present—Centra, J.P., Carni, Lindley, NeMoyer and Bannister, JJ.