Cercone v Puff (2007 NY Slip Op 07228)

Cercone v Puff

2007 NY Slip Op 07228 [43 AD3d 1417]

September 28, 2007

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, November 7, 2007

Ronald J. Cercone et al., Individually and as Parents and Natural Guardians of M.P.C., an Infant, Respondents, v Jacob Puff, Defendant, and Cleveland Hill Union Free School District, Appellant.

—[*1] Hurwitz & Fine, P.C., Buffalo (Jody E. Briandi of counsel), for defendant-appellant.

Rodgers & Coppola LLP, Buffalo (Patricia S. Walker of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Erin M. Peradotto, J.), entered December 15, 2006 in a personal injury action. The order denied the motion of defendant Cleveland Hill Union Free School District for summary judgment dismissing the complaint against it.

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 Pine, JJ.