Wegman v Altieri

Wegman v Altieri 2017 NY Slip Op 03370 Decided on April 28, 2017 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 April 28, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, AND SCUDDER, JJ.
525 CA 16-00084

[*1]DAVID WEGMAN, DOING BUSINESS AS ANGELS IN YOUR HOME, PLAINTIFF-RESPONDENT,

v

MARCO ALTIERI, JEAN PIERRE GARVEY, JAIDY ROSARIO-DELGADO, DANIELA ROSARIO-DELGADO, MOLLY SLIFER, SEAN O'BRIEN, ELISA HECKATHORN, BEYRI PAYAMPS-DELGADO, AND GLIDEDOWAN LLC, DOING BUSINESS AS ALL AMERICAN HOME CARE, DEFENDANTS-APPELLANTS.

WOODS OVIATT GILMAN LLP, ROCHESTER (F. MICHAEL OSTRANDER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

LECLAIRRYAN, A PROFESSIONAL CORPORATION, ROCHESTER (RICHARD A. MCGUIRK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered January 15, 2016. The order, insofar as appealed from, granted in part plaintiff's motion for a preliminary injunction and required plaintiff to post an undertaking in the amount of $50,000.

It is hereby ORDERED that the order, as modified by order of this Court entered February 29, 2016, is unanimously affirmed without costs for reasons stated in the amended decision at Supreme Court.

Entered: April 28, 2017

Frances E. Cafarell

Clerk of the Court