RONALD ROSS PLAINTIFF RESPONDENT APPELLANT v. MICHAEL ROSS ROSA DEFENDANT APPELLANT RESPONDENT (2011)

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

RONALD C. ROSS, PLAINTIFF–RESPONDENT–APPELLANT, v. MICHAEL ROSS ROSA, DEFENDANT–APPELLANT–RESPONDENT.

CA 10–01353

Decided: June 10, 2011

PRESENT: SMITH, J.P., CENTRA, FAHEY, GORSKI, AND MARTOCHE, JJ.

CAMARDO LAW FIRM, P.C., AUBURN (JOSEPH A. CAMARDO, JR., OF COUNSEL), FOR DEFENDANT–APPELLANT–RESPONDENT. MILLER MAYER, LLP, ITHACA (JOHN MOSS HINCHCLIFF OF COUNSEL), FOR PLAINTIFF–RESPONDENT–APPELLANT.

MEMORANDUM AND ORDER

Appeal and cross appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered March 31, 2010. The order denied each of the parties' cross motions for summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting plaintiff's cross motion insofar as it seeks to dismiss those parts of the counterclaims sounding in fraud and as modified the order is affirmed without costs.

Patricia L. Morgan

Clerk of the Court

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