| Glick v Jewish Ctr. of Greater Buffalo |
| 2004 NY Slip Op 05029 [8 AD3d 1128] |
| Decided on June 14, 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 June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, GORSKI, MARTOCHE, AND HAYES, JJ.
850 CA 03-02104
[*1]SUZANNE M. GLICK AND STEPHEN M. GLICK, PLAINTIFFS-RESPONDENTS, ORDER
v
JEWISH CENTER OF GREATER BUFFALO, INC., DEFENDANT-APPELLANT, KEVIN KOMM AND DONNA KOMM, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF JORDAN KOMM, JORDAN KOMM, RONALD A. PALMER, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF ALEX PALMER, ALEX PALMER, STEPHEN POLLACK AND SHARON POLLACK, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF SCOTT POLLACK, SCOTT POLLACK, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.
Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), [*2]entered July 9, 2003 in an action to recover damages for personal injury. The order, insofar as appealed from, granted the motions of defendants Kevin Komm and Donna Komm, individually and as parents and natural guardians of Jordan Komm, Jordan Komm, Ronald A. Palmer, individually and as parent and natural guardian of Alex Palmer, Alex Palmer, Stephen Pollack and Sharon Pollack, individually and as parents and natural guardians of Scott Pollack, and Scott Pollack for summary judgment dismissing the complaint and cross claims against them and denied the cross motion of defendant Jewish Center of Greater Buffalo, Inc. for summary judgment dismissing the complaint and cross claims against it.
LUSTIG & BROWN, LLP, BUFFALO (TROY S. FLASCHER OF COUNSEL), FOR DEFENDANT-APPELLANT JEWISH CENTER OF GREATER BUFFALO, INC.
DAMON & MOREY LLP, BUFFALO (MICHAEL E. APPELBAUM OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
KENNEY, SHELTON, LIPTAK & NOWAK, LLP, BUFFALO (TAMARA M. GIORDANO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS KEVIN KOMM AND DONNA KOMM, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF JORDAN KOMM, AND JORDAN KOMM.
JAECKLE FLEISCHMANN & MUGEL, LLP, BUFFALO (DAVID G. BROCK OF COUNSEL), FOR DEFENDANTS-RESPONDENTS RONALD A. PALMER, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF ALEX PALMER, AND ALEX PALMER.
WALSH, ROBERTS & GRACE, BUFFALO (SHANNON S. FUHRMAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS STEPHEN POLLACK AND SHARON POLLACK, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF SCOTT POLLACK, AND SCOTT POLLACK.
CHELUS, HERDZIK, SPEYER, MONTE & PAJAK, P.C., BUFFALO (JOHN N. PHILIPPS, JR., OF COUNSEL) FOR DEFENDANTS THOMAS LAGREE AND DENNIS AND PEGGY LAGREE, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF THOMAS LAGREE.
Now, upon reading and filing the stipulation discontinuing appeal
signed by the attorneys for the parties on April 1, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court