Schuhart v Pink
2007 NY Slip Op 02311 [38 AD3d 1313]
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


Bruce Schuhart et al., Appellants-Respondents, v Paul C. Pink, Respondent-Appellant, and Orbaker's Fruit Farm, Inc., Respondent, et al., Defendants.

—[*1] Elliott, Stern & Calabrese, LLP, Rochester (Irving Pheterson of counsel), for plaintiffs-appellants-respondents.

Hurwitz & Fine, P.C., Buffalo (Philip M. Gulisano of counsel), for defendant-respondent-appellant.

Osborn, Reed & Burke, LLP, Rochester (Christian C. Casini of counsel), for defendant-respondent.

Appeal and cross appeal from an order of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered March 24, 2006 in a personal injury action. The order, among other things, granted the motion of defendant Orbaker's Fruit Farm, Inc. for summary judgment dismissing the complaint against it and denied the cross motion of defendant Paul C. Pink for summary judgment dismissing the complaint against him.

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—Centra, J.P., Lunn, Peradotto and Pine, JJ.