Whitmore v Niagara Mohawk Power Corp.
2004 NY Slip Op 09829 [13 AD3d 1109]
December 30, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 23, 2005


Cynthia Whitmore, Appellant, v Niagara Mohawk Power Corporation, Respondent. (Appeal No. 2.)

[*1]Appeal from an order of the Supreme Court, Chautauqua County (Frederick J. Marshall, J.), entered November 17, 2003. The order granted defendant's motion for partial summary judgment dismissing the claim for damages "for loss of companionship and bond between horse and owner."

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Same memorandum as in DeJoy v Niagara Mohawk Power Corp. (13 AD3d 1108 [2004]). Present—Pigott, Jr., P.J., Pine, Kehoe, Gorski and Martoche, JJ.