Opinion
No. CA 09-00617.
October 2, 2009.
Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered December 9, 2008 in a personal injury action. The order denied the motion of defendant for summary judgment.
RUPP, BAASE, PFALZGRAF, CUNNINGHAM COPPOLA LLC, ROCHESTER (MATTHEW A. LENHARD OF COUNSEL), FOR DEFENDANT-APPELLANT.
CELLINO BARNES, P.C., ROCHESTER (STEVEN J. PALUCH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Hurlbutt, J.P., Martoche, Centra, Green and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.