General
Murray J.S. Kirshtein, as Guardian and as Administrator of the Estate of George J. Tapper, Deceased, Plaintiff, v. AmeriCU Credit Union (Formerly Up State Federal Credit Union) et al., Defendants. (And a Third-Party Action.) (Action No. 1.); Murray J.S. Kirshtein, as Administrator of the Estate of George J. Tapper, Deceased, Respondent, v. Toys-"R"-Us, Inc., Appellant, et al., Defendants. (And a Third-Party Action.) (Action No. 2.)
83 A.D.3d 162919 N.Y.S.2d 434·New York Supreme Court, Appellate Division·2011·NY
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Opinion
[919 NYS2d 434]
Murray J.S. Kirshtein, as Guardian and as Administrator of the Estate of George J. Tapper, Deceased, Plaintiff, v AmeriCU Credit Union (Formerly Up State Federal Credit Union) et al., Defendants. (And a Third-Party Action.) (Action No. 1.) Murray J.S. Kirshtein, as Administrator of the Estate of George J. Tapper, Deceased, Respondent, v Toys-“R”-Us, Inc., Appellant, et al., Defendants. (And a Third-Party Action.) (Action No. 2.)
(Appeal No. 2.)
Fourth Department,
March 25, 2011
APPEARANCES OF COUNSEL
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.
[MAJORITY — Centra, J.P.,]
OPINION OF THE COURT
Centra, J.P.,
Same opinion by Centra, J.P., as in Kirshtein v AmeriCU Credit Union (83 AD3d 153 [2011]).
Peradotto, Lindley, Sconiers and Martoche, JJ., concur.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.