SHIRLEY WEST AS EXECUTRIX OF THE ESTATE OF WILLIAM WEST DECEASED PLAINTIFF RESPONDENT v. CAROUSEL FOOD SERVICE INC RUSSELL DIPASQUALE INDIVIDUALLY AND DOING BUSINESS AS WATERING TROUGH LITTLE FILLYS AND CAROUSEL ROOM AT THE FAIR DEFENDANTS APPELLANTS ET AL DEFENDANTS (2014)

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

SHIRLEY WEST, AS EXECUTRIX OF THE ESTATE OF WILLIAM H. WEST, DECEASED, PLAINTIFF–RESPONDENT, v. CAROUSEL FOOD SERVICE, INC., RUSSELL DIPASQUALE, INDIVIDUALLY AND DOING BUSINESS AS WATERING TROUGH, LITTLE FILLYS AND CAROUSEL ROOM AT THE FAIR, DEFENDANTS–APPELLANTS, ET AL., DEFENDANTS.

CA 13–02221

Decided: June 13, 2014

PRESENT:  SMITH, J.P., CENTRA, CARNI, WHALEN, AND DEJOSEPH, JJ.

DAVID W. POLAK ATTORNEY AT LAW, P.C., WEST SENECA (DAVID W. POLAK OF COUNSEL), FOR DEFENDANTS–APPELLANTS. MARK R. UBA, WILLIAMSVILLE (MARK UBA OF COUNSEL), FOR PLAINTIFF–RESPONDENT.