Verizon N.Y., Inc. v Cook

Verizon N.Y., Inc. v Cook 2007 NY Slip Op 10329 [46 AD3d 1443] December 21, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

Verizon New York, Inc., Respondent, v Fred H. Cook et al., Defendants, and John C. Polak et al., Appellants. (Appeal No. 2.)

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Ryon D. Fleming of counsel), for defendants-appellants.

James C. Cosgrove, Buffalo, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered November 28, 2006. The order denied the motion of defendants John C. Polak and Barbara A. Polak for summary judgment dismissing the complaint against them.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint against defendants John C. Polak and Barbara A. Polak is dismissed.

Same memorandum as in Cook v Polak (46 AD3d 1442 [2007]). Present—Scudder, P.J., Gorski, Lunn, Fahey and Green, JJ.