Opinion
CA 05-02615.
September 29, 2006.
Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered on October 20, 2004 in a personal injury action. The order denied defendant's motion for summary judgment dismissing the complaint.
LAW OFFICES OF JOHN QUACKENBUSH, BUFFALO (ALAN J. BEDENKO OF COUNSEL), FOR DEFENDANT-APPELLANT.
AUGELLO MATTELIANO GERSTEN, LLP, BUFFALO (JOSEPH A. MATTELIANO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present — Hurlbutt, J.P., Gorski, Martoche and Pine, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.