JAMES ZETES PLAINTIFF RESPONDENT v. APPEAL NO (2013)

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

JAMES P. ZETES, PLAINTIFF–RESPONDENT, v. KELLY A. STEPHENS AND LUCAS A. STEPHENS, DEFENDANTS–APPELLANTS, COUNTY OF NIAGARA, JAMES VOUTOUR, IN HIS CAPACITY AS NIAGARA COUNTY SHERIFF, AND GUY FRATELLO, ALSO KNOWN AS G. FRATELLO, INDIVIDUALLY AND IN HIS CAPACITY AS NIAGARA COUNTY DEPUTY SHERIFF, DEFENDANTS. (APPEAL NO. 2.)

CA 12–01500

Decided: July 05, 2013

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND WHALEN, JJ.

HURWITZ & FINE, P.C., BUFFALO (EARL K. CANTWELL, II, OF COUNSEL), FOR DEFENDANTS–APPELLANTS. JOHN J. DELMONTE, NIAGARA FALLS, FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting those parts of the motion of defendants Kelly A. Stephens and Lucas A. Stephens for summary judgment dismissing the second, third, fourth, and ninth causes of action and so much of the tenth cause of action as alleges tortious interference with contractual relations and as modified the order is affirmed without costs.

Same Memorandum as in Zetes v. Stephens ( [appeal No. 1] _ AD3d _ [July 5, 2013] ).

Frances E. Cafarell

Clerk of the Court

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