A.W. v Bianco
2007 NY Slip Op 00836 [37 AD3d 1103]
February 2, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


A.W. et al., Infants, by Their Parent and Natural Guardian, Malissa Ward, Respondents, v Eugene Bianco et al., Defendants, and Bowpas Properties, Inc., Appellant.

—[*1] MacKenzie Hughes LLP, Syracuse (Stephen S. Davie of counsel), for defendant-appellant.

Athari & Nixon, LLP, Utica (Mo Athari of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered December 1, 2005 in a personal injury action. The order, insofar as appealed from, denied the motion of defendant Bowpas Properties, Inc. for summary judgment dismissing the complaint against it.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for the reasons stated in decision at Supreme Court (see Jackson v Brown, 26 AD3d 804 [2006]). Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Peradotto, JJ.