| Wilkins v Huber |
| 2006 NY Slip Op 02031 [27 AD3d 1204] |
| Decided on March 17, 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 March 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., SCUDDER, KEHOE, SMITH, AND PINE, JJ.
300 CA 05-02420
[*1]JEANNE M. WILKINS AND CHRISTINE M. SCHILLACI, AS CO-ADMINISTRATRIX OF THE ESTATE OF ANDREW D. WILKINS, DECEASED, PLAINTIFFS-RESPONDENTS, ORDER
v
SHAWN HUBER, DEFENDANT-RESPONDENT, AND WHITE CHAPEL MEMORIAL PARK CEMETERY ASSOCIATION, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered March 30, 2005 in a personal injury action. The order, among other things, denied the cross motion of defendant White Chapel Memorial Park Cemetery Association for summary judgment dismissing the complaint and cross claims against it.
O'NEILL, CANTWELL, FEELEY & BROWNELL, BUFFALO (MICHAEL T. FEELEY OF COUNSEL), FOR DEFENDANT-APPELLANT.
BROWN CHIARI, LLP, LANCASTER (DAVID W. OLSON OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
HAGELIN KENT LLC, BUFFALO (JOHN ABEEL 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 17, 2006
JoAnn M. Wahl
Clerk of the Court