Suzanne Barry v Richard J. Gorecki
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Barry v Gorecki
2003 NY Slip Op 18574 [1 AD3d 1065]
Decided on November 21, 2003
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 21, 2003
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, AND LAWTON, JJ.
1128 CA 03-00673
[*1]SUZANNE BARRY, INDIVIDUALLY AND AS PERSONAL NEEDS/PROPERTY MANAGEMENT GUARDIAN OF JOSHUA J. HILL, AN INCAPACITATED PERSON AND A MINOR, PLAINTIFF-RESPONDENT, ORDER
v
RICHARD J. GORECKI, CHRISTINE GORECKI, DOUGLAS GORECKI, DEFENDANTS-RESPONDENTS, AND 2230 S0UTH PARK AVENUE LIMITED PARTNERSHIP, DOING BUSINESS AS CONSUMER'S BEVERAGES, DEFENDANT-APPELLANT.
Appeal from an order of Supreme Court, Erie County (NeMoyer, J.), entered June 4, 2002, which denied the motion of defendant 2230 South Park Avenue Limited Partnership, doing business as Consumer's Beverages, to dismiss the amended complaint against it.
HODGSON RUSS LLP, BUFFALO (PATRICK J. LONG OF COUNSEL), FOR DEFENDANT-APPELLANT.
PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court
Decided on November 21, 2003
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, AND LAWTON, JJ.
1128 CA 03-00673
[*1]SUZANNE BARRY, INDIVIDUALLY AND AS PERSONAL NEEDS/PROPERTY MANAGEMENT GUARDIAN OF JOSHUA J. HILL, AN INCAPACITATED PERSON AND A MINOR, PLAINTIFF-RESPONDENT, ORDER
v
RICHARD J. GORECKI, CHRISTINE GORECKI, DOUGLAS GORECKI, DEFENDANTS-RESPONDENTS, AND 2230 S0UTH PARK AVENUE LIMITED PARTNERSHIP, DOING BUSINESS AS CONSUMER'S BEVERAGES, DEFENDANT-APPELLANT.
Appeal from an order of Supreme Court, Erie County (NeMoyer, J.), entered June 4, 2002, which denied the motion of defendant 2230 South Park Avenue Limited Partnership, doing business as Consumer's Beverages, to dismiss the amended complaint against it.
HODGSON RUSS LLP, BUFFALO (PATRICK J. LONG OF COUNSEL), FOR DEFENDANT-APPELLANT.
PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court
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