Opinion
No. CA 06-03187.
March 16, 2007.
Appeal and cross appeal from an order of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered March 24, 2006 in a personal injury action. The order, among other things, granted the motion of defendant Orbaker's Fruit Farm, Inc. for summary judgment dismissing the complaint against it and denied the cross motion of defendant Paul C. Pink for summary judgment dismissing the complaint against him.
ELLIOTT, STERN CALABRESE, LLP, ROCHESTER (IRVING PHETERSON OF COUNSEL), FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.
HURWITZ FINE, P.C., BUFFALO (PHILIP M. GULISANO OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.
OSBORN, REED BURKE, LLP, ROCHESTER (CHRISTIAN C. CASINI OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present — Centra, J.P., Lunn, Peradotto and Pine, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court.