Fraccola v 1st Choice Realty, Inc., 2024 NY Slip Op 00503 [224 AD3d 1227]

February 2, 2024

Appellate Division, Fourth Department

[*1]

Albert G. Fraccola, Jr., Individually and on Behalf of 1st Choice Realty, Inc., Appellant,

v

1st Choice Realty, Inc., Defendant, and Getnick, Livingston, Atkinson, Gigliotti and Priore, LLP, et al., 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 (2023 NY Slip Op 51484[U] [2023]). Present—Lindley, J.P., Montour, Ogden and Greenwood, JJ..