Carolyn Brown v C. Francois Jean Achy

Brown v Achy 2004 NYSlipOp 03666 Decided on May 6, 2004 Appellate Division, First 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 May 6, 2004
Mazzarelli, J.P., Andrias, Friedman, Marlow, Gonzalez, JJ.
839- 840

[*1]Carolyn Brown, Plaintiff-Appellant,

v

C. Francois Jean Achy, et al., Defendants-Respondents.




Sanders, Sanders, Block & Woycik, P.C., Mineola (Michael F.
Villeck of counsel), for appellant.
Anthony J. Benedict, Pearl River, for Achy and Indrissa,
respondents.
Gilroy Downes Horowitz & Goldstein, New York (Michael M.
Horowitz of counsel), for Reynoso, respondent.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered May 6, 2002, reversed, on the law, without costs, defendants' motions for summary judgment denied and the complaint reinstated. Appeal from decision, same court and Justice, entered on or about March 18, 2002, dismissed, without costs, as taken from a nonappealable paper.

Opinion by Marlow J. All concur except Andrias and Friedman, JJ. who dissent in an Opinion by Friedman, J.

Order filed.