DAVID BARKER PLAINTIFF APPELLANT v. ANTHONY GERVERA AMANDA GERVERA AND FARM CREDIT EAST ACA DEFENDANTS RESPONDENTS APPEAL NO (2023)

Supreme Court, Appellate Division, Fourth Department, New York.

DAVID BARKER, PLAINTIFF-APPELLANT, v. ANTHONY V. GERVERA, AMANDA D. GERVERA AND FARM CREDIT EAST, ACA, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

232 Decided: July 28, 2023

PRESENT: SMITH, J.P., LINDLEY, CURRAN, AND OGDEN, JJ.

LONGSTREET & BERRY, LLP, FAYETTEVILLE (MICHAEL J. LONGSTREET OF COUNSEL), FOR PLAINTIFF-APPELLANT. COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (MATTHEW W. O'NEIL OF COUNSEL), FOR DEFENDANTS-RESPONDENTS ANTHONY V. GERVERA AND AMANDA D. GERVERA. HANCOCK & ESTABROOK, LLP, SYRACUSE (JANET D. CALLAHAN OF COUNSEL), FOR DEFENDANT-RESPONDENT FARM CREDIT EAST, ACA.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the motion of defendant Farm Credit East, ACA, is denied, the action against that defendant is reinstated, and the motion of defendants Anthony V. Gervera and Amanda D. Gervera is denied in its entirety.

Same memorandum as in Barker v Gervera ([appeal No. 1] — AD3d — [July 28, 2023] [4th Dept 2023]).

Entered: July 28, 2023

Ann Dillon Flynn

Clerk of the Court

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