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Gary M. Dischiavi and Linda Dischiavi v. William S. Calli

December 30, 2009

GARY M. DISCHIAVI AND LINDA DISCHIAVI, PLAINTIFFS-APPELLANTS,
v.
WILLIAM S. CALLI, ET AL., DEFENDANTS, AND THOMAS S. SOJA,
DEFENDANT-RESPONDENT.



Appeal from a judgment of the Supreme Court, Oneida County (Michael E. Daley, J.), entered November 25, 2008.

1454

PRESENT: SMITH, J.P., PERADOTTO, GREEN, PINE, AND GORSKI, JJ.

MEMORANDUM AND ORDER

(APPEAL NO. 3.)

The judgment dismissed the complaint against defendant Thomas S. Soja. It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied in part and the complaint against defendant Thomas S. Soja is reinstated. Same Memorandum as in DiSchiavi v Calli ([appeal No. 2] ___ AD3d ___ [Dec. 30, 2009]).

Patricia L. Morgan Clerk of the Court

20091230

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