Ruiz v Northeast Conveyor Corp.
2007 NY Slip Op 02242 [38 AD3d 1260]
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


Freddie Ruiz, Respondent, v Northeast Conveyor Corporation et al., Appellants.

—[*1] Cohen & Lombardo, P.C., Buffalo (James J. Nash of counsel), for defendants-appellants.

The Barnes Firm, P.C., Buffalo (Stephen E. Barnes of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 7, 2006. The order denied defendants' 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 with costs. Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Green, JJ.