Schuver v Lodestro

Schuver v Lodestro 2016 NY Slip Op 07534 Decided on November 10, 2016 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 10, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., PERADOTTO, NEMOYER, CURRAN, AND TROUTMAN, JJ.
995 CA 16-00292

[*1]EMMA B. SCHUVER, PLAINTIFF-RESPONDENT,

v

PAMELA LODESTRO, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF G. MARVIN SCHUVER, DECEASED, DEFENDANT-APPELLANT, ET AL., DEFENDANT.

WRIGHT, WRIGHT AND HAMPTON, JAMESTOWN (JOSEPH M. CALIMERI OF COUNSEL), FOR DEFENDANT-APPELLANT.

BRAUTIGAM & BRAUTIGAM, LLP, FREDONIA (DARYL P. BRAUTIGAM OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Chautauqua County (Stephen W. Cass, A.J.), entered May 29, 2015. The order, among other things, denied in part the motion of defendant Pamela Lodestro, individually, and as executor of the Estate of G. Marvin Schuver, to dismiss the amended complaint against her.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: November 10, 2016

Frances E. Cafarell

Clerk of the Court