| Spencer v Daimler Chrylser Corp. |
| 2004 NY Slip Op 07003 [11 AD3d 1054] |
| Decided on October 1, 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 October 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., PINE, SCUDDER, MARTOCHE, AND HAYES, JJ.
1217 CA 04-00558
[*1]DARCY A. SPENCER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JEREMY J. SPENCER, DECEASED, AND WILLIAM L. HUTCHINSON, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF AMANDA A. HUTCHINSON, DECEASED, PLAINTIFFS-RESPONDENTS, ORDER
v
DAIMLER CHRYLSER CORPORATION, ET AL., DEFENDANTS, AND COLE MUFFLER, INC., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Oswego County (James W. McCarthy, A.J.), entered June 2, 2003. The order denied the motion of defendant Cole Muffler, Inc. for partial summary judgment in a personal injury action.
THORN GERSHON TYMANN AND BONANNI, LLP, ALBANY (PAUL D. JURELLER OF COUNSEL), FOR DEFENDANT-APPELLANT.
WIGINGTON & RUMLEY, LLP, CORPUS CHRISTI, TEXAS (JEFFREY G. WIGINGTON, OF THE TEXAS BAR, ADMITTED PRO HAC VICE, OF COUNSEL), COSTELLO, COONEY & FEARON, PLLC, SYRACUSE, FOR PLAINTIFF-RESPONDENT DARCY A. SPENCER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JEREMY J. SPENCER, DECEASED.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: October 1, 2004
JoAnn M. Wahl
Clerk of the Court