Daniels v Rumsey
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Daniels v Rumsey
2013 NY Slip Op 07616
Released on November 15, 2013
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.
Released on November 15, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND VALENTINO, JJ.
1169 CA 13-00344
[*1]ERICA DANIELS, PLAINTIFF-RESPONDENT,
v
FRANCES A. RUMSEY, DEFENDANT-APPELLANT, AND BUWAYNA DANIELS, DEFENDANT-RESPONDENT. (APPEAL NO. 3.)
Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered August 22, 2012. The order, inter alia, granted the motion of defendant BuWayna Daniels for summary judgment dismissing the complaint and cross claims against her.
BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANT-APPELLANT.
THE HIGGINS KANE LAW GROUP, P.C., BUFFALO (TERRENCE P. HIGGINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
COHEN & LOMBARDO, P.C., BUFFALO (JAMES J. NASH OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Released on November 15, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND VALENTINO, JJ.
1169 CA 13-00344
[*1]ERICA DANIELS, PLAINTIFF-RESPONDENT,
v
FRANCES A. RUMSEY, DEFENDANT-APPELLANT, AND BUWAYNA DANIELS, DEFENDANT-RESPONDENT. (APPEAL NO. 3.)
Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered August 22, 2012. The order, inter alia, granted the motion of defendant BuWayna Daniels for summary judgment dismissing the complaint and cross claims against her.
BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANT-APPELLANT.
THE HIGGINS KANE LAW GROUP, P.C., BUFFALO (TERRENCE P. HIGGINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
COHEN & LOMBARDO, P.C., BUFFALO (JAMES J. NASH OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Same Memorandum as in Daniels v Rumsey ([appeal No. 2] ___ AD3d ___ [Nov. 15, 2013]).
Entered: November 15, 2013
Frances E. Cafarell
Clerk of the Court
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