*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 308

CA 14-00988

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, SCONIERS, AND DEJOSEPH, JJ. MADELYNE JERRY AND GULF & WESTERN AERO

DEVELOPMENT, LLC, PLAINTIFFS-RESPONDENTS,

V MEMORANDUM AND ORDER FRED DAVIES AND MARC FISHER, AS CO-EXECUTORS

OF THE ESTATE OF IRVING H. ROSENBERG, DECEASED,

DEFENDANTS-APPELLANTS.

----------------------------------------------- FRED DAVIES AND MARC FISHER, AS CO-EXECUTORS

OF THE ESTATE OF IRVING H. ROSENBERG, DECEASED,

THIRD-PARTY PLAINTIFFS-APPELLANTS,

V

JOSEPH JERRY, ESQ. AND MADELYNE JERRY,

THIRD-PARTY DEFENDANTS-RESPONDENTS.

LONGSTREET & BERRY, LLP, SYRACUSE (MICHAEL J. LONGSTREET OF COUNSEL), FOR DEFENDANTS-APPELLANTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS. BOND, SCHOENECK & KING, PLLC, SYRACUSE (SUZANNE M. MESSER OF COUNSEL), FOR PLAINTIFF-RESPONDENT AND THIRD-PARTY DEFENDANT-RESPONDENT MADELYNE JERRY.

LAW OFFICE OF DANIEL R. SEIDBERG, LLC, DEWITT (DANIEL R. SEIDBERG OF COUNSEL), FOR PLAINTIFF-RESPONDENT GULF & WESTERN AERO DEVELOPMENT, LLC.

GALE, GALE & HUNT, LLC, SYRACUSE (CATHERINE A. GALE OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT JOSEPH JERRY, ESQ. Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), dated January 9, 2014. The order, among other things, granted plaintiffs’ motions for summary judgment on their first cause of action and granted the motions of third-party defendants to dismiss the third-party action.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: March 20, 2015 Frances E. Cafarell

Clerk of the Court