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

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2009

GARY M. DISCHIAVI AND LINDA DISCHIAVI, PLAINTIFFS-APPELLANTS,
v.
WILLIAM S. CALLI, ET AL.,
DEFENDANTS, ANDREW S. KOWALCZYK, JOSEPH STEPHEN DEERY, JR., AND CALLI, KOWALCZYK, TOLLES, DEERY AND SOJA, DEFENDANTS-RESPONDENTS.

Appeal from a judgment of the Supreme Court, Oneida County (Michael E. Daley, J.), entered December 26, 2008.

1455

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

(APPEAL NO. 4.)

MEMORANDUM AND ORDER

The judgment dismissed the complaint against defendants Andrew S. Kowalczyk, Joseph Stephen Deery, Jr., and Calli, Kowalczyk, Tolles, Deery and Soja. 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] ___ AD3d ___ [Dec. 30, 2009]).

Patricia L. Morgan Clerk of the Court

20091230

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