Simet v Coleman Co., Inc.
2007 NY Slip Op 05871 [42 AD3d 924]
July 6, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 12, 2007


Mary Simet, Appellant,
v
The Coleman Company, Inc. et al., Defendants, and David E. Lehman et al., Respondents. (Appeal No. 1.)

—[*1] Connors & Vilardo, LLP, Buffalo (Randall D. White of counsel), for plaintiff-appellant.

Costello, Cooney & Fearon, PLLC, Syracuse (Maureen G. Fatcheric of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered September 19, 2005 in a personal injury action. The order, insofar as appealed from, denied plaintiff's cross motion insofar as it sought to strike the amended answer of defendants David E. Lehman and Linda Lehman.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Same memorandum as in Simet v Coleman Co., Inc. (42 AD3d 925 [2007]). Present—Scudder, P.J., Centra, Lunn and Fahey, JJ.