Fraccola v. 1st Choice Realty, Inc.

202 N.Y.S.3d 866, 2024 NY Slip Op 00503
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 2, 2024
Docket44 CA 23-01445
StatusPublished

This text of 202 N.Y.S.3d 866 (Fraccola v. 1st Choice Realty, Inc.) 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
Fraccola v. 1st Choice Realty, Inc., 202 N.Y.S.3d 866, 2024 NY Slip Op 00503 (N.Y. Ct. App. 2024).

Opinion

Fraccola v 1st Choice Realty, Inc. (2024 NY Slip Op 00503)
Fraccola v 1st Choice Realty, Inc.
2024 NY Slip Op 00503
Decided on February 2, 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 February 2, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, AND GREENWOOD, JJ.

44 CA 23-01445

[*1]ALBERT G. FRACCOLA, JR., INDIVIDUALLY, AND ON BEHALF OF 1ST CHOICE REALTY, INC., PLAINTIFF-APPELLANT,

v

1ST CHOICE REALTY, INC., DEFENDANT, GETNICK, LIVINGSTON, ATKINSON, GIGLIOTTI AND PRIORE, LLP, AND THE ESTATE OF PHYLLIS FRACCOLA, DECEASED, DEFENDANTS-RESPONDENTS.


ALBERT G. FRACCOLA, JR., PLAINTIFF-APPELLANT PRO SE.

GETNICK LIVINGSTON ATKINSON & PRIORE, LLP, UTICA (JEFFERY T. LOTTERMOSER, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT GETNICK, LIVINGSTON, ATKINSON, GIGLIOTTI AND PRIORE, LLP.

PETER M. HOBAICA, LLC, UTICA (PETER M. HOBAICA OF COUNSEL), FOR DEFENDANT-RESPONDENT THE ESTATE OF PHYLLIS FRACCOLA, DECEASED.



Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Scott J. DelConte, J.), entered April 6, 2023. The order and judgment, among other things, granted the motion of defendant Getnick, Livingston, Atkinson, Gigliotti and Priore, LLP, and the cross-motion of defendant Estate of Phyllis Fraccola to dismiss the complaint against them and dismissed the complaint against them.

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed with costs for reasons stated in the decision at Supreme Court.

Entered: February 2, 2024

Ann Dillon Flynn

Clerk of the Court



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Related

§ 431
New York JUD § 431

Cite This Page — Counsel Stack

Bluebook (online)
202 N.Y.S.3d 866, 2024 NY Slip Op 00503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraccola-v-1st-choice-realty-inc-nyappdiv-2024.