
    [919 NYS2d 434]
    Murray J.S. Kirshtein, as Guardian and as Administrator of the Estate of George J. Tapper, Deceased, Plaintiff, v AmeriCU Credit Union (Formerly Up State Federal Credit Union) et al., Defendants. (And a Third-Party Action.) (Action No. 1.) Murray J.S. Kirshtein, as Administrator of the Estate of George J. Tapper, Deceased, Respondent, v Toys-“R”-Us, Inc., Appellant, et al., Defendants. (And a Third-Party Action.) (Action No. 2.)
    (Appeal No. 2.)
    Fourth Department,
    March 25, 2011
    
      APPEARANCES OF COUNSEL
    
      Nasto Law Firm, Yorkville (John A. Nasto, Jr., of counsel), for defendant-appellant.
    
      
      Rossi and Murnane, New York Mills (Vincent J. Rossi, Jr., of counsel), for plaintiff-respondent.
   OPINION OF THE COURT

Centra, J.P.,

Same opinion by Centra, J.P., as in Kirshtein v AmeriCU Credit Union (83 AD3d 153 [2011]).

Peradotto, Lindley, Sconiers and Martoche, JJ., concur.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.  