Pasceri v Keleher (2019 NY Slip Op 00757)
Decided on February 1, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CARNI, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
1160 CA 17-02201
| Pasceri v Keleher |
| 2019 NY Slip Op 00757 |
| Decided on February 1, 2019 |
| 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 1, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CARNI, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
1160 CA 17-02201
[*1]SAMUEL J. PASCERI AND VIRGINIA PASCERI, PLAINTIFFS-APPELLANTS,
v
TIMOTHY KELEHER, NANCEY KELEHER, DEFENDANTS, AND BIELMEIER BUILDERS, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.)
v
TIMOTHY KELEHER, NANCEY KELEHER, DEFENDANTS, AND BIELMEIER BUILDERS, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.)
MUSCATO, DIMILLO & VONA, LLP, LOCKPORT (P. ANDREW VONA OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
WALSH, ROBERTS & GRACE LLP, BUFFALO (MARK P. DELLA POSTA OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Appeal from a judgment of the Supreme Court, Niagara County (Sara Sheldon, A.J.), entered September 20, 2017. The judgment dismissed the complaint against defendant Bielmeier Builders, Inc., upon a jury verdict.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Same memorandum as in Pasceri v Keleher ([appeal No. 2] — AD3d — [Feb. 1, 2019] [4th Dept 2019]).
Entered: February 1, 2019
Mark W. Bennett
Clerk of the Court