Gallinger v Pasquale Scutari, D.D.S.
2005 NY Slip Op 09996 [24 AD3d 1329]
Decided on December 22, 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 December 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, SMITH, AND LAWTON, JJ.

1651 CA 05-01272

[*1]JANET GALLINGER, PLAINTIFF-RESPONDENT, ORDER

v

PASQUALE SCUTARI, D.D.S., DEFENDANT-APPELLANT.



Appeal from an order of the Supreme Court, Onondaga County (James W. McCarthy, J.), entered November 19, 2004 in a personal injury action. The order, insofar as appealed from, denied in part defendant's motion for summary judgment dismissing the complaint.


HANCOCK & ESTABROOK, LLP, SYRACUSE (MAUREEN E. MANEY OF COUNSEL), FOR DEFENDANT-APPELLANT.
COTE, LIMPERT & VAN DYKE, SYRACUSE (JOSEPH S. COTE, III, OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court