CASH, LINDA J. v. HILL, CHARLES R.

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

284 CA 12-02010 PRESENT: SMITH, J.P., FAHEY, LINDLEY, SCONIERS, AND VALENTINO, JJ.

LINDA J. CASH, AS ADMINISTRATRIX OF THE ESTATE OF PENNY C. RIETHMILLER, DECEASED, PLAINTIFF-RESPONDENT,

V MEMORANDUM AND ORDER

CHARLES R. HILL, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 2.)

HAGELIN KENT LLC, BUFFALO (BRENT C. SEYMOUR OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered April 5, 2012. The order denied the motion of defendant Charles R. Hill for summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion of defendant Charles R. Hill is granted and the complaint is dismissed against him.

Same Memorandum as in Hill v Cash ([appeal No. 1] ___ AD3d ___ [May 2, 2014]).

Entered: May 2, 2014 Frances E. Cafarell Clerk of the Court