Basile v Riley (2020 NY Slip Op 06598)

Basile v Riley

2020 NY Slip Op 06598 [188 AD3d 1604]

November 13, 2020

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, December 30, 2020

[*1]

Guy Basile, on Behalf of Himself and All Others Similarly Situated, Respondent,
v
Ed Riley, Appellant, et al., Defendants. (Appeal No. 1.)

Littler Mendelson, P.C., Fairport (Jacqueline Phipps Polito of counsel), for defendants-appellants.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered April 26, 2019. The order denied in part the motion of defendant-appellant to dismiss the complaint against him.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Basile v Riley ([appeal No. 2] 188 AD3d 1607 [4th Dept 2020]). Present—Centra, J.P., Lindley, Troutman, Winslow and DeJoseph, JJ.