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Piccarreto v Mura, 2018 NY Slip Op 00708 [158 AD3d 1095]

February 2, 2018

Appellate Division, Fourth Department

[*1]

Carla L. Piccarreto, Respondent,

v

David J. Mura, Defendant, and Ann Marie Mura, Appellant. (Appeal No. 3.)

Robert J. Lunn, Rochester and Frank A. Aloi, for defendant-appellant.

Maureen A. Pineau, Rochester, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Richard A. Dollinger, A.J.), entered March 16, 2017. The order denied the motion of defendant Ann Marie Mura for a determination that she is entitled to an offset against plaintiff’s judgment for any proceeds received in plaintiff’s malpractice case against plaintiff’s former attorney.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Whalen, P.J., Centra, Carni, NeMoyer and Curran, JJ. [Prior Case History: 54 Misc 3d 1222(A), 2017 NY Slip Op 50273(U).].