| Aubertine v Aubertine |
| 2025 NY Slip Op 04373 [240 AD3d 1362] |
| July 25, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Vincent C. Aubertine, Appellant, v Keith A. Aubertine et al., Respondents. (Appeal No. 2.) |
Trevett Cristo, Rochester (David H. Ealy of counsel), for plaintiff-appellant.
Schwerzmann & Wise, P.C., Watertown (Keith B. Caughlin of counsel), for defendants-respondents.
Appeal from an order of the Supreme Court, Jefferson County (James P. McClusky, J.), entered June 11, 2024. The order, insofar as appealed from, granted the cross-motion of defendants for summary judgment on their first and second counterclaims.
It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs and the cross-motion is denied.
Same memorandum as in Aubertine v Aubertine ([appeal No. 1] 240 AD3d 1360 [4th Dept 2025]). Present—Whalen, P.J., Bannister, Ogden, Greenwood and Keane, JJ.