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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, ROBERT CALLI, HERBERT CULLY, AND CALLI, CALLI AND CULLY,
DEFENDANTS-RESPONDENTS.

Appeal from a judgment of the Supreme Court, Oneida County (Michael E. Daley, J.), entered January 12, 2009.

1456

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

MEMORANDUM AND ORDER

(APPEAL NO. 5.)

The judgment dismissed the complaint against defendants Robert Calli, Herbert Cully, and Calli, Calli and Cully.

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 defendants Robert Calli, Herbert Cully, and Calli, Calli and Cully 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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