NICHOLAS TRBOVICH PLAINTIFF APPELLANT v. APPEAL NO

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

NICHOLAS D. TRBOVICH, PLAINTIFF–APPELLANT, v. JACQUELINE TRBOVICH, DEFENDANT–RESPONDENT. (APPEAL NO. 2.)

CA 13–02250

Decided: November 21, 2014

PRESENT:  SCUDDER, P.J., FAHEY, CARNI, LINDLEY, AND VALENTINO, JJ. LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO, BOUVIER PARTNERSHIP, LLP, EAST AURORA, THE COSGROVE LAW FIRM (EDWARD C. COSGROVE OF COUNSEL), FOR PLAINTIFF–APPELLANT. LAW OFFICE OF JOSEPH G. MAKOWSKI, BUFFALO (JOSEPH G. MAKOWSKI 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 and defendant's motion for attorneys' fees is denied.

Same Memorandum as in Trbovich v. Trbovich ( [appeal No. 1] _ AD3d _ [Nov. 21, 2014] ).

Frances E. Cafarell

Clerk of the Court