Tooley v. Corp

Appeal from an order of the Supreme Court, Jefferson County (Joseph D. McGuire, J.), entered June 27, 2008. The order, insofar as appealed from, granted those parts of defendant’s motion for summary judgment dismissing the second and third causes of action.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, those parts of the motion for summary judgment dismissing the second and third causes of action are denied and those causes of action are reinstated.

Memorandum: Plaintiffs commenced this action seeking, inter alia, to impose a…