Cappola v. Tennyson Ct.

2024 NY Slip Op 04673

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