Bernstein v Bernstein (2007 NY Slip Op 02249)

Bernstein v Bernstein

2007 NY Slip Op 02249 [38 AD3d 1267]

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

Barbara Segal Bernstein, as Administratrix of the Estate of Jonah Benjamin Bernstein, Deceased, Respondent, v Rachel Bernstein et al., Appellants.

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Thomas J. Cannavo of counsel), for defendants-appellants.

O'Brien Boyd, P.C., Williamsville (Christopher J. O'Brien of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered December 29, 2005 in a wrongful death and personal injury action. The order granted plaintiff's motion for partial summary judgment on the issue of liability.

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, Smith, Fahey and Green, JJ.