Shumway v Kelley
2007 NY Slip Op 00878 [37 AD3d 1137]
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


David Shumway et al., Respondents, v Justin Kelley, Appellant.

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Wendy A. Scott of counsel), for defendant-appellant.

E. Robert Fussell, P.C., Leroy (E. Robert Fussell of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered January 11, 2006. The order denied defendant's motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Hurlbutt, J.P., Martoche, Centra, Fahey and Green, JJ.