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Cappola v Tennyson Ct., 2024 NY Slip Op 04673 [230 AD3d 1555]

September 27, 2024

Appellate Division, Fourth Department

[*1]

Patrick Cappola, as Proposed Executor of the Estate of Rose Cappola, Deceased, Respondent,

v

Tennyson Court et al., Appellants. (Appeal No. 2.)

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Meghann N. Roehl of counsel), for defendants-appellants.

Brown Chiari LLP, Buffalo (Timothy M. Hudson of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Amy C. Martoche, J.), entered May 9, 2023. The order, insofar as appealed from, denied in part the motion of defendants to dismiss the complaint and granted plaintiff’s cross-motion to amend the complaint to substitute Mark Cappola and Patrick Cappola, as the executors of the estate of Rose Cappola, as plaintiffs.

It is hereby ordered that said appeal is unanimously dismissed without costs. Present—Smith, J.P., Curran, Montour, Nowak and DelConte, JJ..