| Kwiatkowski v Bertoldo |
| 2006 NY Slip Op 00772 [26 AD3d 904] |
| Decided on February 3, 2006 |
| 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 February 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, GORSKI, AND GREEN, JJ.
91 CA 05-01830
[*1]MARY E. KWIATKOWSKI AND DANIEL KWIATKOWSKI, PLAINTIFFS-RESPONDENTS, ORDER
v
GERALD R. BERTOLDO, ATTICA VETERINARY ASSOCIATES, P.C., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered April 19, 2005 in a personal injury action. The order, insofar as appealed from, denied the motion of defendants Gerald R. Bertoldo and Attica Veterinary Associates, P.C. for partial summary judgment.
GOLDBERG SEGALLA LLP, BUFFALO (ALBERT J. D'AQUINO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LAW OFFICES OF JOHN J. FROMEN, BUFFALO (EDWARD J. MARKARIAN 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: February 3, 2006
JoAnn M. Wahl
Clerk of the Court