| Tozzi v Keating |
| 2005 NY Slip Op 02087 [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: KEHOE, J.P., GORSKI, MARTOCHE, SMITH, AND PINE, JJ.
297 CA 04-02382
[*1]MARY ANN TOZZI AND ANGELO TOZZI, PLAINTIFFS-RESPONDENTS, ORDER
v
MICHAEL K. KEATING, D.D.S., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered June 15, 2004 in a personal injury action. The order denied defendant's motion for summary judgment dismissing the complaint.
SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (GABRIELLE MARDANY HOPE OF COUNSEL), FOR DEFENDANT-APPELLANT.
DR. DAVID J. SOKOL, HIGHLAND MILLS, EPHREM J. WERTENTEIL, NEW YORK (BRIAN SMITH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
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