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Louis Leone and Rosita Leone v. Kyle J. Kaczmarek

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


November 10, 2011

LOUIS LEONE AND ROSITA LEONE,
PLAINTIFFS-RESPONDENTS,
v.
KYLE J. KACZMAREK, HELENE D. KACZMAREK,
DEFENDANTS-RESPONDENTS,
AND
KELLY M. LEONE,
DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 13, 2010 in a personal injury action.

Leone v Kaczmarek

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 November 10, 2011

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ.

The order denied the motion of defendant Kelly M. Leone for summary judgment dismissing the complaint and all cross claims against her.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: November 10, 2011

Patricia L. Morgan Clerk of the Court

20111110

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