Opinion
10-07-2016
Dawn M. PLACE, Plaintiff–Respondent, v. CHAFFEE–SARDINIA VOLUNTEER FIRE COMPANY and John Van Curran, Defendants–Appellants. (Appeal No. 2.).
Burden, Gulisano & Hansen, LLC, Buffalo (Sarah Hansen of Counsel), for defendants-appellants. Law Offices of James Morris, Buffalo (Willard M. Pottle, Jr., of Counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered June 17, 2015. The order held in abeyance that part of the motion of defendants seeking to strike the note of issue and certificate of readiness and denied that part of the motion seeking sanctions.
Burden, Gulisano & Hansen, LLC, Buffalo (Sarah Hansen of Counsel), for defendants-appellants.
Law Offices of James Morris, Buffalo (Willard M. Pottle, Jr., of Counsel), for plaintiff-respondent.
Same memorandum as in Place v. Chaffee–Sardinia Volunteer Fire Co. (Appeal No. 1), 143 A.D.3d 1271, 39 N.Y.S.3d 568, 2016 WL 5857764 (Oct. 7, 2016).
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting the motion in part and striking the note of issue and certificate of readiness and as modified the order is affirmed without costs.
SMITH, J.P., CARNI, LINDLEY, DeJOSEPH, and SCUDDER, JJ., concur.