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Galioto v. Kamin

United States District Court, W.D. New York
Mar 30, 2010
06-CV-229 (W.D.N.Y. Mar. 30, 2010)

Opinion

06-CV-229.

March 30, 2010


ORDER


This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1), on May 22, 2006. On August 17, 2007, defendant filed a motion for summary judgment. On February 17, 2010, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that plaintiff's motion for partial summary judgment and dismissal of the affirmative defenses of assumption of risk and comparative negligence be denied.

Plaintiff filed objections to the Report and Recommendation on March 2, 2010. Oral argument on the objections was held on March 29, 2010.

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, plaintiff's motion for partial summary judgment and dismissal of the affirmative defenses of assumption of risk and comparative negligence is denied.

SO ORDERED.


Summaries of

Galioto v. Kamin

United States District Court, W.D. New York
Mar 30, 2010
06-CV-229 (W.D.N.Y. Mar. 30, 2010)
Case details for

Galioto v. Kamin

Case Details

Full title:JOYCE L. GALIOTO, Plaintiff, v. DANIEL KAMIN, Individually and d/b/a KAMIN…

Court:United States District Court, W.D. New York

Date published: Mar 30, 2010

Citations

06-CV-229 (W.D.N.Y. Mar. 30, 2010)