Russo v YMCA of Greater Buffalo (2004 NY Slip Op 08412)

Russo v YMCA of Greater Buffalo

2004 NY Slip Op 08412 [12 AD3d 1090]

November 19, 2004

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 19, 2005

Rita Russo, Appellant, v YMCA of Greater Buffalo, Respondent, et al., Defendant. (Appeal No. 2.)

—[*1]Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered June 6, 2003. The order granted the motion of defendant YMCA of Greater Buffalo for summary judgment dismissing the complaint against it in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint against defendant YMCA of Greater Buffalo is reinstated.

Same memorandum as in Russo v YMCA of Greater Buffalo (12 AD3d 1089 [2004]). Present—Hurlbutt, J.P., Kehoe, Gorski, Martoche and Hayes, JJ.