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Dischiavi v. Calli

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


December 30, 2009

GARY M. DISCHIAVI ET AL., APPELLANTS,
v.
WILLIAM S. CALLI ET AL., DEFENDANTS, AND ANDREW S. KOWALCZYK ET AL., RESPONDENTS. (APPEAL NO. 4.)

Appeal from a judgment of the Supreme Court, Oneida County (Michael E. Daley, J.), entered December 26, 2008. The judgment dismissed the complaint against defendants Andrew S. Kowalczyk, Joseph Stephen Deery, Jr., and Calli, Kowalczyk, Tolles, Deery and Soja.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 10, 2010

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the cross motion in part and reinstating the second and third causes of action against defendants Andrew S. Kowalczyk, Joseph Stephen Deery, Jr., and Calli, Kowalczyk, Tolles, Deery and Soja and as modified the judgment is affirmed without costs.

Same memorandum as in Dischiavi v Calli ([appeal No. 2] 68 AD3d 1691 [2009]).

Present--Smith, J.P., Peradotto, Green, Pine and Gorski, JJ.

20091230

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