Leipold v Bagley
2005 NY Slip Op 02047 [16 AD3d 1182]
Decided on March 18, 2005
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 March 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., GREEN, GORSKI, SMITH, AND LAWTON, JJ.

241 CA 04-02634

[*1]BLAINE LEIPOLD, AS PARENT AND NATURAL GUARDIAN OF RILEY LEIPOLD, PLAINTIFF-APPELLANT, ORDER

v

CHERYL A. BAGLEY, DEFENDANT-RESPONDENT.



Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered July 28, 2004. The order granted defendant's motion for summary judgment dismissing the complaint in a personal injury action.


MORRIS AND MORRIS ATTORNEYS, ROCHESTER (DEBORAH M. FIELD OF COUNSEL), FOR PLAINTIFF-APPELLANT.
EGGER & LEEGANT, ROCHESTER (JO ANNE LEEGANT OF COUNSEL), FOR DEFENDANT-RESPONDENT.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court