Easling v Henderson

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Easling v Henderson 2013 NY Slip Op 04221 Released on June 7, 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 June 7, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND SCONIERS, JJ.
700 CA 12-02005

[*1]LI HSIEN EASLING, PLAINTIFF-RESPONDENT,

v

STEPHEN R. HENDERSON, BRIAN J. CRANS, VICKY A. VANHORN AND CINDY L. DURFEY, AS ADMINISTRATOR FOR THE ESTATE OF DAVID A. CAMPBELL, DECEASED, DEFENDANTS-APPELLANTS.


Appeals from an order of the Supreme Court, Yates County (W. Patrick Falvey, A.J.), entered July 12, 2012. The order, insofar as appealed from, denied in part the motions of defendants for summary judgment dismissing the amended complaint.


OSBORN, REED & BURKE, LLP, ROCHESTER (L. DAMIEN COSTANZA OF COUNSEL), FOR DEFENDANT-APPELLANT STEPHEN R. HENDERSON.
LEVENE GOULDIN & THOMPSON LLP, BINGHAMTON (SARAH E. NUFFER OF COUNSEL), FOR DEFENDANT-APPELLANT BRIAN J. CRANS.
GORIS & O'SULLIVAN, LLC, CAZENOVIA (MARK D. GORIS OF COUNSEL), FOR DEFENDANT-APPELLANT VICKY A. VANHORN.
O'NEILL, GROSSO & BROWNELL, WILLIAMSVILLE (JAMES C. GROSSO OF COUNSEL), FOR DEFENDANT-APPELLANT CINDY L. DURFEY, AS ADMINISTRATOR FOR THE ESTATE OF DAVID A. CAMPBELL, DECEASED.
MICHAELS & SMOLAK, P.C., AUBURN (MICHAEL G. BERSANI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: June 7, 2013
Frances E. Cafarell
Clerk of the Court

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