| Abate v Black Wolf |
| 2023 NY Slip Op 04265 [219 AD3d 1120] |
| August 11, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Melinda B. Abate et al.,
Respondents, v Elizabeth S. Black Wolf, Also Known as Elizabeth Black, et al., Defendants, and 1840 Restaurant, LLC, et al., Appellants. (Appeal No. 2.) |
Rupp Baase Pfalzgraf Cunningham LLC, Rochester (Matthew A. Lenhard of counsel), for defendants-appellants.
Faraci Lange, LLP, Rochester (Carol A. McKenna of counsel), for plaintiffs-respondents Melinda B. Abate and another.
Campbell & Associates, Hamburg (Jason M. Telaak of counsel), for plaintiff-respondent Peter Tubiolo.
Appeal from an order of the Supreme Court, Monroe County (Craig J. Doran, J.), entered September 27, 2022. The order denied the motion of defendants 1840 Restaurant, LLC and 1840 Restaurant, LLC, doing business as Compane Brick Oven Bistro for an order bifurcating the trial with respect to the issues of liability and damages.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Abate v Black Wolf ([appeal No. 1] 219 AD3d 1118 [4th Dept 2023]). Present—Smith, J.P., Peradotto, Curran, Bannister and Ogden, JJ.