| Excellus Health Plan, Inc. v Federal Express Corp. |
| 2004 NY Slip Op 06921 [11 AD3d 948] |
| October 1, 2004 |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Appellate Division, Fourth Department |
| Excellus Health Plan, Inc., as Subrogee of Brian L. Beaumont, Respondent, v Federal Express Corporation et al., Appellants. |
—[*1]Appeal from an order of the Supreme Court, Onondaga County (Edward D. Carni, J.), entered November 6, 2003. The order denied defendants' motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Pigott, Jr., P.J., Green, Hurlbutt, Kehoe and Martoche, JJ. [See 5 Misc 3d 727 (2003).]