Opinion
No. CA 06-02627.
February 1, 2008.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, ST., A.J.), entered August 4, 2006 in a personal injury action. The order, insofar as appealed from, denied that part of the motion of defendant Roger L. Foley, doing business as Foley's Tavern, for summary judgment dismissing the complaint against him.
WILSON, ELSER, MOSKOWITZ, EDELMAN DICKER LLP, ALBANY (DOUGLAS R. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.
DE MARIE SCHOENBORN, P.C., BUFFALO (JOSEPH DE MARIE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Gorski, J.P., Martoche, Lunn, Fahey and Pine, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.