Opinion
CA 02-00495
December 30, 2002.
Appeal and cross appeal from an order of Supreme Court, Niagara County (Lane, J.), entered September 21, 2001, which granted the motion of defendant Monro Muffler Brake Service, Inc. for summary judgment dismissing the complaint and cross claims against it and denied the cross motion of Simon M. Giancola and Frank A. Giancola, Jr. for summary judgment dismissing the complaint against them.
CELLINO AND BARNES, P.C., BUFFALO (JASON H. STERNE OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.
O'SHEA, REYNOLDS CUMMINGS, BUFFALO (JOHN J. COTTER, JR., OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
WALSH WILKINS, BUFFALO (CARLTON K. BROWNELL, III, OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: HAYES, J.P., WISNER, HURLBUTT, SCUDDER, AND GORSKI, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court, Niagara County, Lane, J.