Opinion
No. CA 07-02351.
November 14, 2008.
Appeals from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered October 19, 2007 in a personal injury action. The order settled the record on appeal in appeal No. 1.
BROWN KELLY, LLP, BUFFALO (MARK J. SCHAEFER OF COUNSEL), FOR DEFENDANT-APPELLANT CONCRETE APPLIED TECHNOLOGIES CORPORATION, DOING BUSINESS AS CATCO.
WEBSTER SZANYI LLP, BUFFALO (KEVIN A. SZANYI OF COUNSEL), FOR DEFENDANT-APPELLANT URS CORPORATION. LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (EUGENE C. TENNEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Centra, J.P., Lunn, Peradotto, Green and Pine, JJ.
It is hereby ordered that the order so appealed from is unanimously modified on the law by providing that references to plaintiff's alleged intoxication as set forth in the medical and stenographic records and affidavits in question shall be included in the record on appeal in appeal No. 1 and as modified the order is affirmed without costs.
Same memorandum as in Turnmire v Concrete Applied Tech. Corp. ( 56 AD3d 1125).