| Rogers v March |
| 2004 NY Slip Op 00750 [25 AD3d 1070] |
| Decided on February 11, 2004 |
| 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 February 11, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., KEHOE, GORSKI, LAWTON, AND HAYES, JJ.
41 CA 03-01717
[*1]MARGARET ROGERS, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF GILBERT ROGERS, JR., DECEASED, PLAINTIFF-APPELLANT-RESPONDENT, ORDER
v
JAMES R. MARCH AND HUBER & HUBER, INC., DEFENDANTS-RESPONDENTS-APPELLANTS. (ACTION NO. 1.) ——————————————————————————-
TIMOTHY D. KIEL, MORRIS FULGHAM, III, MORRIS FULGHAM, JR., AND DAVID L. ROGERS, PLAINTIFFS-RESPONDENTS,
v
HUBER & HUBER, INC., JAMES R. MARCH, DEFENDANTS-RESPONDENTS-APPELLANTS, ET AL., DEFENDANTS. (ACTION NO. 2.)
Appeal and cross appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered November 4, 2002. The order, insofar as appealed from, granted those parts of the motions of plaintiffs for partial summary judgment on negligence and proximate cause against defendants James R. March and Huber & Huber, Inc., denied that part of the motion of plaintiff in action No. 1 to dismiss the affirmative defense of culpable conduct/negligence and denied the cross motion of defendants James R. March and Huber & Huber, Inc. to dismiss the claims for punitive damages.
REGAN & REGAN, BUFFALO (LAWRENCE J. REGAN OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.
GIBSON, MC ASKILL & CROSBY, LLP, BUFFALO (C. CHRISTOPHER BRIDGE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.
PHILLIPS LYTLE LLP, BUFFALO (WILLIAM D. CHRIST OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: February 11, 2004
JoAnn M. Wahl
Clerk of the Court