Opinion
No. CA 07-02443.
October 3, 2008.
Appeals from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered August 14, 2007 in a personal injury action. The order granted the motions of defendants Custom Topsoil, Inc. and RRC, Inc., individually and doing business as Village Flea Outlet, for summary judgment dismissing the complaint and cross claims against them.
PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR plaintiff's-APPELLANTS.
BURDEN, GULISANO HICKEY, LLC, BUFFALO (JONATHAN S. HICKEY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
GOLDBERG SEGALLA LLP, BUFFALO (DENNIS P. GLASCOTT OF COUNSEL), FOR DEFENDANT-RESPONDENT CUSTOM TOPSOIL, INC.
HODGSON RUSS LLP, BUFFALO (KYLE C. REEB OF COUNSEL), FOR DEFENDANT-RESPONDENT RRC, INC., INDIVIDUALLY AND DOING BUSINESS AS VILLAGE FLEA OUTLET.
Before: Hurlbutt, J.P., Centra, Peradotto, Green and Gorski, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.