Garrasi v Dean

Garrasi v Dean 2010 NY Slip Op 06046 [75 AD3d 1138] July 9, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 1, 2010

Bernard Garrasi, II, Respondent, v Anne Marie Dean, as Executrix of Sandy Rotunda, Deceased, et al., Appellants. (Appeal No. 2.)

—[*1] Shane and Reisner, LLP, Allegany (Jeffrey P. Reisner of counsel), for defendants-appellants.

Walsh, Roberts & Grace, Buffalo (Mark P. Della Posta of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered January 11, 2010. The order granted the motion of plaintiff for, inter alia, leave to amend the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and vacating the third and fourth ordering paragraphs and as modified the order is affirmed without costs.

Same memorandum as in Garrasi v Dean (75 AD3d 1138 [2010] [decided herewith]). Present—Scudder, P.J., Peradotto, Carni, Lindley and Sconiers, JJ.