Gulczewski v Osborne
2004 NY Slip Op 08520 [12 AD3d 1165]
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


Donald Gulczewski, Respondent, v Cheryl Osborne, Appellant.

[*1]Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered November 13, 2003. The order denied defendant's motion for summary judgment dismissing the amended complaint in a personal injury action.

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, Kehoe, Gorski and Hayes, JJ.