Opinion
No. CA 09-02639.
June 11, 2010.
Appeal and cross appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered October 26, 2009 in a personal injury action. The order, among other things, denied defendants' motion for summary judgment.
BURGIO, KITA CURVIN, BUFFALO (WILLIAM J. KITA OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.
BARRY J. DONOHUE, TONAWANDA, FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.
Present — Centra, J.P., Fahey, Peradotto, Lindley and Pine, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.