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Zetes v. Stephens

Supreme Court of New York, Fourth Department

July 5, 2013

JAMES P. ZETES, PLAINTIFF-RESPONDENT,
v.
KELLY A. STEPHENS AND LUCAS A. STEPHENS, DEFENDANTS-APPELLANTS, COUNTY OF NIAGARA, JAMES VOUTOUR, IN HIS CAPACITY AS NIAGARA COUNTY SHERIFF, AND GUY FRATELLO, ALSO KNOWN AS G. FRATELLO, INDIVIDUALLY AND IN HIS CAPACITY AS NIAGARA COUNTY DEPUTY SHERIFF, DEFENDANTS. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered April 4, 2012. The order denied the motion of defendants Kelly A. Stephens and Lucas A. Stephens for summary judgment.

HURWITZ & FINE, P.C., BUFFALO (EARL K. CANTWELL, II, OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

JOHN J. DELMONTE, NIAGARA FALLS, FOR PLAINTIFF-RESPONDENT.

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND WHALEN, JJ.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting those parts of the motion of defendants Kelly A. Stephens and Lucas A. Stephens for summary judgment dismissing the second, third, fourth, and ninth causes of action and so much of the tenth cause of action as alleges tortious ...


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