133 AD3d 1235
N.Y. App. Div. 4th
2015

Ray v Franchini

Appellate Division, Fourth Department

November 13, 2015

2015 NY Slip Op 08274 [133 AD3d 1235]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 30, 2015

O‘Hara, O‘Connell & Ciotoli, Fayetteville (Stephen Ciotoli of counsel), for plaintiff-appellant.

Hinman Straub P.C., Albany (Joseph M. Dougherty of counsel), for defendant-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered November 19, 2014. The order and judgment granted the motion of defendant to dismiss the complaint and dismissed the complaint.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court (see Ingle v Glamore Motor Sales, 73 NY2d 183, 188-190 [1989]). Present—Smith, J.P., Peradotto, Carni, Whalen and DeJoseph, JJ.