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Garrasi v. Dean

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


July 9, 2010

BERNARD GARRASI, II, PLAINTIFF-RESPONDENT,
v.
ANNE MARIE DEAN, AS EXECUTRIX OF THE ESTATE OF SANDY ROTUNDA, DECEASED, AND ROTUNDA PROPERTIES, LLC, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered January 11, 2010. The order granted the motion of plaintiff for, inter alia, leave to amend the complaint.

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.

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motion in part and vacating the third and fourth ordering paragraphs and as modified the order is affirmed without costs.

Same Memorandum as in Garrasi v Dean ([appeal No. 1] ___ AD3d ___ [July 9, 2010]).

20100709

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