J.M.M. v Marseglia
2007 NY Slip Op 05090 [41 AD3d 1321]
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


J.M.M., an Infant, by Her Parents and Natural Guardians, Joseph Macko, et al., et al., Respondents, v Luigi Marseglia et al., Appellants.

—[*1] Dixon & Hamilton, LLP, Getzville (Harry T. Dixon, Jr., of counsel), for defendants-appellants.

Carl L. Feinstock, Rochester, for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered August 11, 2006 in a personal injury action. 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 affirmed without costs for the reasons stated at Supreme Court.

All concur, Lunn, J., not participating. Present—Hurlbutt, J.P., Gorski, Smith, Lunn and Pine, JJ.