| Virkler v V.S. Virkler & Son, Inc. |
| 2021 NY Slip Op 04435 [196 AD3d 1130] |
| July 16, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Richard Virkler, Appellant, et al., Plaintiff, v V.S. Virkler & Son, Inc., et al., Respondents. (Appeal No. 2.) |
Hancock Estabrook, LLP, Syracuse (Alan J. Pierce of counsel), for plaintiff-appellant.
Assaf & Siegal PLLC, Albany (Michael D. Assaf of counsel), for defendants-respondents.
Appeal from an order of the Supreme Court, Lewis County (James P. McClusky, J.), entered January 24, 2020. The order, among other things, denied the motion of plaintiff Richard Virkler for partial summary judgment.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Virkler v V.S. Virkler & Son, Inc. ([appeal No. 1.], 196 AD3d 1127 [4th Dept 2021]). Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.