Patricia Przybysz v Niagara Mohawk Power Corporation
2004 NY Slip Op 01929 [5 AD3d 1132]
Decided on March 19, 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 March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE, AND LAWTON, JJ.

306 CA 03-02008

[*1]PATRICIA PRZYBYSZ, PLAINTIFF-RESPONDENT, ORDER

v

NIAGARA MOHAWK POWER CORPORATION, DEFENDANT-APPELLANT.



Appeal from an order of the Supreme Court, Erie County (John P. Lane, J.), entered March 28, 2003. The order denied defendant's motion for summary judgment dismissing the complaint in a personal injury action.


HISCOCK & BARCLAY, LLP, BUFFALO (DAVID M. HEHR OF COUNSEL), FOR DEFENDANT-APPELLANT.
COLLINS & MAXWELL, L.L.P., BUFFALO (ALAN D. VOOS 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: March 19, 2004
JoAnn M. Wahl
Clerk of the Court