Frankenberger v Otwell

Frankenberger v Otwell 2015 NY Slip Op 03723 Decided on May 1, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 1, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, LINDLEY, VALENTINO, AND WHALEN, JJ.
624 CA 14-02040

[*1]LISA M. FRANKENBERGER, PLAINTIFF-RESPONDENT,

v

LYNNE M. OTWELL, DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, Jr., J.), entered August 4, 2014. The order, insofar as appealed from, denied in part the motion of defendant for summary judgment.

THE LAW OFFICES OF DESTIN C. SANTACROSE, BUFFALO (ELISE L. CASSAR OF COUNSEL), FOR DEFENDANT-APPELLANT.

DAVID P. FELDMAN, BUFFALO, 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: May 1, 2015

Frances E. Cafarell

Clerk of the Court