BUFFAMANTE WHIPPLE BUTTAFARO CERTIFIED PUBLIC ACCOUNTANTS PLAINTIFF APPELLANT v. APPEAL NO (2014)

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

BUFFAMANTE WHIPPLE BUTTAFARO, CERTIFIED PUBLIC ACCOUNTANTS, P.C., PLAINTIFF–APPELLANT, v. KELLY A. DAWSON, DEFENDANT, AND JOHN S. TRUSSALO, CERTIFIED PUBLIC ACCOUNTANTS, P.C., DEFENDANT–RESPONDENT. (APPEAL NO. 2.)

CA 13–00590

Decided: June 13, 2014

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND WHALEN, JJ.

PHILLIPS LYTLE LLP, BUFFALO (CRAIG R. BUCKI OF COUNSEL), FOR PLAINTIFF–APPELLANT. SPOTO, SLATER & SIRWATKA, JAMESTOWN (KEVIN J. SIRWATKA OF COUNSEL), FOR DEFENDANT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint against defendant John S. Trussalo, Certified Public Accountants, P.C. is reinstated.

Same Memorandum as in Buffamante Whipple Buttafaro, Certified Pub. Accountants, P.C. v Dawson ( [appeal No. 1] _ AD3d _ [June 13, 2014] ).

Frances E. Cafarell

Clerk of the Court

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