Williams v Raymond Corp.
2004 NY Slip Op 08510 [12 AD3d 1159]
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


Timothy Williams, Respondent, v The Raymond Corporation et al., Appellants. (Appeal No. 1.)

[*1]Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered November 24, 2003. The order, insofar as appealed from, denied defendants' motion for summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Green, J.P., Gorski, Martoche, Lawton and Hayes, JJ.