Opinion
No. CA 08-02498.
December 30, 2009.
Appeal from an order of the Supreme Court, Chautauqua County (John T. Ward, A.J.), entered October 31, 2008 in a personal injury action. The order, among other things, granted the motion of defendant Pisa Electrical Construction Manufacturing, Inc. for summary judgment dismissing the amended complaint against it.
HERSCHEL GELBER, LLC, AMHERST (HERSCHEL GELBER OF COUNSEL), FOR PLAINTIFF-APPELLANT.
CHELUS, HERDZIK, SPEYER MONTE, P.C., BUFFALO (THOMAS P. KAWALEC OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Testerman v Zielinski ( 68 AD3d 1751).