Cappola v. Tennyson Ct.

2024 NY Slip Op 04673
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 27, 2024
Docket586 CA 24-00098
StatusPublished

This text of 2024 NY Slip Op 04673 (Cappola v. Tennyson Ct.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cappola v. Tennyson Ct., 2024 NY Slip Op 04673 (N.Y. Ct. App. 2024).

Opinion

Cappola v Tennyson Ct. (2024 NY Slip Op 04673)
Cappola v Tennyson Ct.
2024 NY Slip Op 04673
Decided on September 27, 2024
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 September 27, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CURRAN, MONTOUR, NOWAK, AND DELCONTE, JJ.

586 CA 24-00098

[*1]PATRICK CAPPOLA, AS PROPOSED EXECUTOR OF THE ESTATE OF ROSE CAPPOLA, DECEASED, PLAINTIFF-RESPONDENT,

v

TENNYSON COURT, TENNYSON COURT, LLC, SALEM BUFFALO, LLC, AND JAMES T. HANDS, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)


ROACH, BROWN, MCCARTHY & GRUBER, P.C., BUFFALO (MEGHANN N. ROEHL OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BROWN CHIARI LLP, BUFFALO (TIMOTHY M. HUDSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.



Appeal from an order of the Supreme Court, Erie County (Amy C. Martoche, J.), entered May 9, 2023. The order, insofar as appealed from, denied in part the motion of defendants to dismiss the complaint and granted plaintiff's cross-motion to amend the complaint to substitute Mark Cappola and Patrick Cappola, as the executors of the estate of Rose Cappola, as plaintiffs.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Entered: September 27, 2024

Ann Dillon Flynn

Clerk of the Court



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2024 NY Slip Op 04673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cappola-v-tennyson-ct-nyappdiv-2024.