| Doyle v Barden & Robeson Corp. |
| 2007 NY Slip Op 00880 [37 AD3d 1137] |
| February 2, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Doyle et al., Appellants, v Barden and Robeson Corporation et al., Defendants, and Derek Smith et al., Respondents. (Appeal No. 2.) |
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Chelus, Herdzik, Speyer, Monte & Pajak, P.C., Buffalo (Gregory V. Pajak of counsel), for defendants-respondents.
Creighton, Pearce, Johnsen & Giroux, Buffalo (Catherine Creighton of counsel), for Western New York Area Labor Federation, Western New York Council of Occupational Safety & Health, New York Committee for Occupational Safety and Health and the Buffalo Building Trades Council, Amici Curiae.
Appeal from an order of the Supreme Court, Niagara County (Erin M. Peradotto, J.), entered January 6, 2006 in a personal injury action. The order granted the motion of defendants Derek Smith and Sandra Smith for summary judgment dismissing the third amended complaint against them and denied plaintiffs' motion for summary judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.P., Martoche, Centra, Fahey and Green, JJ.