Diaz v Syracuse Univ.
2007 NY Slip Op 05058 [41 AD3d 1302]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


Kenneth Diaz et al., Respondents, v Syracuse University, Respondent, and Joseph DeMunn et al., Appellants.

—[*1] The Cambs Law Firm, LLP, Camillus (Peter J. Cambs, Sr., of counsel), for defendants-appellants.

Riehlman, Shafer & Shafer, Tully (Jane G. Kuppermann of counsel), for plaintiffs-respondents.

Hiscock & Barclay, LLP, Syracuse (Matthew J. Larkin of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered October 17, 2006 in a personal injury action. The order, among other things, denied the motion of defendants Joseph DeMunn and Bunzl Distribution Leasing, Inc. to strike plaintiffs' note of issue and granted plaintiffs' cross motion for partial summary judgment.

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.