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Wind v. McNeil

Supreme Court of New York, Fourth Department

September 27, 2013

SUSAN P. WIND, PLAINTIFF-APPELLANT,
v.
TIMOTHY J. MCNEIL, DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered August 8, 2012. The order granted the motion of defendant to amend his answer and for summary judgment dismissing the complaint.

CELLINO & BARNES, P.C., BUFFALO (ELLEN B. STURM OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BURGIO, KITA & CURVIN, BUFFALO (HILARY C. BANKER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, AND WHALEN, JJ.

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


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