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Hannah B. Acres, LLC, et al., Plaintiffs v. Martha A. Howe

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


December 30, 2010

HANNAH B. ACRES, LLC, ET AL., PLAINTIFFS,
v.
MARTHA A. HOWE, AS GUARDIAN OF THE PERSON AND PROPERTY OF ANNA P. KOHL,
SUED HEREIN AS ANNA P. KOHL, INDIVIDUALLY AND AS SURVIVOR OF WALTER A. KOHL,
DEFENDANT-APPELLANT, AND THOMAS J. GRANCHELLI,
DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered March 12, 2010. The order, insofar as appealed from, granted the motion of defendant Thomas J. Granchelli for summary judgment dismissing the cross claim and affirmative defense of defendant Martha K. Howe, as guardian of the person and property of Anna P. Kohl, sued herein as Anna P. Kohl, individually and as survivor of Walter A. Kohl.

Hannah B. Acres, LLC v. Howe

Decided on December 30, 2010

Appellate Division, Fourth Department

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.

Decided on December 30, 2010

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND SCONIERS, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: December 30, 2010

Patricia L. Morgan Clerk of the Court

20101230

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