Achtziger v Balus
2007 NY Slip Op 02228 [38 AD3d 1250]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


William F. Achtziger, Respondent, v Kimberly N. Balus et al., Respondents, and Hauling Freight Lines, Inc., Appellant.

—[*1] Altreuter Berlin, Buffalo (Catherine Berlin of counsel), for defendant-appellant.

Law Offices of Eugene C. Tenney, Buffalo (Laura C. Doolittle of counsel), for plaintiff-respondent.

Bouvier Partnership, LLP, Buffalo (Joshua P. Rubin of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered November 28, 2005. The order, among other things, denied the motion of defendant Hauling Freight Lines, Inc. for a protective order or, in the alternative, for summary judgment dismissing the amended complaint and cross claims against it.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, P.J., Gorski, Centra, Green and Pine, JJ.