KIRSHTEIN, MURRAY J.S. v. AMERICU CREDIT UNION

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 10-01686 PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

MURRAY J.S. KIRSHTEIN, AS GUARDIAN AND AS ADMINISTRATOR OF THE ESTATE OF GEORGE J.

TAPPER, DECEASED, PLAINTIFF, V OPINION AND ORDER AMERICU CREDIT UNION (FORMERLY UP STATE FEDERAL CREDIT UNION), DEFENDANT, ET AL., DEFENDANT. (AND A THIRD-PARTY ACTION.) (ACTION NO. 1.) ---------------------------------------------- MURRAY J.S. KIRSHTEIN, AS ADMINISTRATOR OF THE ESTATE OF GEORGE J. TAPPER, DECEASED, PLAINTIFF-RESPONDENT, V TOYS-“R”-US, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (AND A THIRD-PARTY ACTION.) (ACTION NO. 2.) (APPEAL NO. 2.)

NASTO LAW FIRM, YORKVILLE (JOHN A. NASTO, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.

ROSSI AND MURNANE, NEW YORK MILLS (VINCENT J. ROSSI, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from a judgment of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered March 31, 2010. The judgment, among other things, ordered defendant Toys-“R”-Us to pay plaintiff the sum of $263,017.80.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Same Opinion by CENTRA, J.P., as in Kirshtein v AmeriCU Credit Union ([appeal No. 1] ___ AD3d ___ [Mar. 25, 2011]).

Entered: March 25, 2011 Patricia L. Morgan Clerk of the Court