Michaels v Zimmer

2003 NY Slip Op 18660 [1 AD3d 1065]

Decided on November 21, 2003

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 21, 2003

SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: GREEN, J.P., WISNER, HURLBUTT, KEHOE, AND HAYES, JJ.

1301 CA 03-00467

[*1]SHARON MICHAELS, AS PARENT AND GUARDIAN OF LINDSEY MICHAELS, AN INFANT, PLAINTIFF-RESPONDENT, ORDER

v

KATHLEEN ZIMMER, DOING BUSINESS AS BRIDLE PATH MANNER, DEFENDANT-APPELLANT.

Appeal from an order of Supreme Court, Onondaga County (Murphy, J.), entered November 19, 2002, which denied defendant's motion for summary judgment dismissing the complaint.


CRAMER, SMITH & LEACH, P.C., SYRACUSE (DAVID E. LEACH OF COUNSEL), FOR DEFENDANT-APPELLANT.
ALEXANDER & CATALANO, LLC, SYRACUSE (JAMES L. DONIGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court