Majority
p. 162[919 NYS2d 434] Murray J.S. Kirshtein, as Guardian and as Administrator of the Estate of George J. Tapper, Deceased, Plaintiff, v AmeriCU Credit Union (Formerly Up State Federal Credit Union) et al., Defendants. (And a Third-Party Action.) (Action No. 1.) Murray J.S. Kirshtein, as Administrator of the Estate of George J. Tapper, Deceased, Respondent, v Toys-“R”-Us, Inc., Appellant, et al., Defendants. (And a Third-Party Action.) (Action No. 2.) (Appeal No. 2.) Fourth Department, March 25, 2011
p. 163
APPEARANCES OF COUNSEL
Nasto Law Firm, Yorkville (John A. Nasto, Jr., of counsel), for defendant-appellant.
p. 164
Rossi and Murnane, New York Mills (Vincent J. Rossi, Jr., of counsel), for plaintiff-respondent.
OPINION OF THE COURT
Same opinion by Centra, J.P., as in Kirshtein v AmeriCU Credit Union ( 83 AD3d 153 [2011]).
Peradotto, Lindley, Sconiers and Martoche, JJ., concur.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Cases cited
- Kirshtein v. AmeriCU Credit Union 83 AD3d 153 p. 164