Newbury Place Reo II, LLC v Zahran
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Newbury Place Reo II, LLC v Zahran
2013 NY Slip Op 06191
Released on September 27, 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 September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.
960 CA 13-00296
[*1]NEWBURY PLACE REO II, LLC, PLAINTIFF,
v
ALI A. ZAHRAN, ALSO KNOWN AS ALI ZAHRAN, DEFENDANT. ALI A. ZAHRAN, THIRD-PARTY PLAINTIFF-RESPONDENT, MICHAEL VISCOME AND LISA M. VISCOME, THIRD-PARTY DEFENDANTS-APPELLANTS, ET AL., THIRD-PARTY DEFENDANTS.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered September 5, 2012. The order denied the motion of third-party defendants Michael Viscome and Lisa M. Viscome for summary judgment dismissing the third-party complaint against them.
DEMARIE & SCHOENBORN, P.C., BUFFALO (JOSEPH DEMARIE OF COUNSEL), FOR THIRD-PARTY DEFENDANTS-APPELLANTS.
MYERS, QUINN & SCHWARTZ, LLP, WILLIAMSVILLE (JAMES I. MYERS OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court
Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.
960 CA 13-00296
[*1]NEWBURY PLACE REO II, LLC, PLAINTIFF,
v
ALI A. ZAHRAN, ALSO KNOWN AS ALI ZAHRAN, DEFENDANT. ALI A. ZAHRAN, THIRD-PARTY PLAINTIFF-RESPONDENT, MICHAEL VISCOME AND LISA M. VISCOME, THIRD-PARTY DEFENDANTS-APPELLANTS, ET AL., THIRD-PARTY DEFENDANTS.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered September 5, 2012. The order denied the motion of third-party defendants Michael Viscome and Lisa M. Viscome for summary judgment dismissing the third-party complaint against them.
DEMARIE & SCHOENBORN, P.C., BUFFALO (JOSEPH DEMARIE OF COUNSEL), FOR THIRD-PARTY DEFENDANTS-APPELLANTS.
MYERS, QUINN & SCHWARTZ, LLP, WILLIAMSVILLE (JAMES I. MYERS OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court
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