| Montana v David Markowitz Metal Co., Inc. |
| 2021 NY Slip Op 03735 [195 AD3d 1448] |
| June 11, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| James Montana et al., Individually and as Husband and Wife,
Respondents, v David Markowitz Metal Co., Inc., Appellant, et al., Defendant. |
Gordon Rees Scully Mansukhani, LLP, Harrison, Shaub Ahmuty Critrin & Spratt, LLP, Lake Success (Christopher Simone of counsel), for defendant-appellant.
Cherundolo Law Firm, PLLC, Syracuse (John C. Cherundolo of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered June 11, 2020. The order denied the motion of defendant David Markowitz Metal Co., Inc., for summary judgment dismissing the amended complaint against it.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (2020 NY Slip Op 34524 [U] [Sup Ct, Oneida County 2020]). Present—Smith, J.P., Lindley, Troutman, Bannister and DeJoseph, JJ.