Appellate Division of the Supreme Court of New York, 2020

Windnagle v. Tarnacki

Windnagle v. Tarnacki
Appellate Division of the Supreme Court of New York · Decided June 12, 2020
2020 NY Slip Op 3356
Windnagle v. Tarnacki

Opinion

Windnagle v Tarnacki (2020 NY Slip Op 03356)
Windnagle v Tarnacki
2020 NY Slip Op 03356
Decided on June 12, 2020
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 June 12, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, CURRAN, AND WINSLOW, JJ.

1119 CA 18-02125

[*1]BRADLEY WINDNAGLE, PLAINTIFF-APPELLANT,

v

PATRICIA TARNACKI AND ESTATE OF LAWRENCE TARNACKI, DECEASED, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)




JOSEPH E. DIETRICH, III, WILLIAMSVILLE, MAGAVERN MAGAVERN GRIMM LLP, BUFFALO (EDWARD J. MARKARIAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LAW OFFICE OF JOHN TROP, BUFFALO, CHELUS, HERDZIK, SPEYER & MONTE, P.C. (MICHAEL J. CHMIEL OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.



Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered October 10, 2018. The order denied the motion of plaintiff for leave to renew and reargue his opposition to defendants' motion to dismiss the complaint.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same memorandum as in Windnagle v Tarnacki ([appeal No. 1] — AD3d — [June 12, 2020] [4th Dept 2020]).

Entered: June 12, 2020

Mark W. Bennett

Clerk of the Court



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