Virkler v. V.S. Virkler & Son, Inc.

2021 NY Slip Op 04435

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 16, 2021
• Docket: 311 CA 20-00759
• Status: Published

Opinion

Virkler v V.S. Virkler & Son, Inc. (2021 NY Slip Op 04435)

Virkler v V.S. Virkler & Son, Inc.

2021 NY Slip Op 04435

Decided on July 16, 2021

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 July 16, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, LINDLEY, TROUTMAN, AND BANNISTER, JJ.

311 CA 20-00759

[*1]RICHARD VIRKLER, PLAINTIFF-APPELLANT, ET AL., PLAINTIFF,

v

V.S. VIRKLER & SON, INC., JOSEPH VIRKLER AND ALEX VIRKLER, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

HANCOCK ESTABROOK, LLP, SYRACUSE (ALAN J. PIERCE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

ASSAF & SIEGAL PLLC, ALBANY (MICHAEL D. ASSAF OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Lewis County (James P. McClusky, J.), entered January 24, 2020. The order, among other things, denied the motion of plaintiff Richard Virkler for partial summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Virkler v V.S. Virkler & Son, Inc. ([appeal No. 1] — AD3d — [July 16, 2021] [4th Dept 2021]).

Entered: July 16, 2021

Mark W. Bennett

Clerk of the Court