| Barker v Gervera |
| 2023 NY Slip Op 03990 [218 AD3d 1163] |
| July 28, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| David Barker, Appellant, v Anthony V. Gervera et al., Respondents. (Appeal No. 2.) |
Longstreet & Berry, LLP, Fayetteville (Michael J. Longstreet of counsel), for plaintiff-appellant.
Costello, Cooney & Fearon, PLLC, Syracuse (Matthew W. O'Neil of counsel), for defendants-respondents Anthony V. Gervera and another.
Hancock & Estabrook, LLP, Syracuse (Janet D. Callahan of counsel), for defendant-respondent Farm Credit East, ACA.
Appeal from an order of the Supreme Court, Jefferson County (James P. McClusky, J.), entered February 17, 2022. The order, insofar as appealed from, granted the motion of defendant Farm Credit East, ACA to dismiss the action against it and granted in part the motion of defendants Anthony V. Gervera and Amanda D. Gervera to dismiss the action against them.
It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion of defendant Farm Credit East, ACA, is denied, the action against that defendant is reinstated, and the motion of defendants Anthony V. Gervera and Amanda D. Gervera is denied in its entirety.
Same memorandum as in Barker v Gervera ([appeal No. 1] 218 AD3d 1159 [4th Dept, July 28, 2023]). Present—Smith, J.P., Lindley, Curran and Ogden, JJ.