Cassaro v Pitruzzella
2005 NY Slip Op 04888 [19 AD3d 1145]
June 10, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 24, 2005


Geraldine Cassaro, Respondent, v Alfio C. Pitruzzella, Appellant.

[*1]Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered October 8, 2004. The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the 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 at Supreme Court. Present—Pigott, Jr., P.J., Green, Gorski, Smith and Hayes, JJ.