Opinion
CA 05-02544.
April 28, 2006.
CA 05-02544.
Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered February 18, 2005 in a personal injury action. The order, among other things, denied in part defendants' motion to dismiss the complaint and/or for summary judgment.
BAXTER SMITH, P.C., WEST SENECA (PAUL T. BUERGER, JR., OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
BROWN CHIARI LLP, LANCASTER (THERESA M. WALSH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Hurlbutt, J.P., Gorski, Martoche, Smith and Green, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.