| Rosso v Russin |
| 2004 NY Slip Op 08372 [12 AD3d 1206] |
| Decided on November 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 November 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HURLBUTT, AND SCUDDER, JJ.
1264 CA 04-01073
[*1]CARL ROSSO, INDIVIDUALLY AND AS FATHER AND NATURAL GUARDIAN OF RACHEL ROSSO, AN INFANT, PLAINTIFF-APPELLANT, ORDER
v
ROBERT C. RUSSIN, DEFENDANT-RESPONDENT.
Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (David J. Mahoney, J.), entered July 30, 2003. The order and judgment granted defendant's motion for summary judgment dismissing the complaint in a personal injury action.
LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY & CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-APPELLANT.
LAW OFFICES OF MARY A. BJORK, BUFFALO (THOMAS P. CUNNINGHAM OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 19, 2004
JoAnn M. Wahl
Clerk of the Court