Huff v Rodriguez
2007 NY Slip Op 09258 [45 AD3d 1429]
November 23, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


Yvette Huff, Respondent, v Anita L. Rodriguez, Formerly Known as Anita L. Rosario, et al., Appellants. (Appeal No. 2.)

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Brian A. MacDonald of counsel), for defendants-appellants.

Connors & Vilardo, LLP, Buffalo (Lawrence J. Vilardo of counsel) and Wayne C. Felle, P.C., Williamsville, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered April 25, 2006 in a personal injury action. The order, insofar as appealed from, granted that part of plaintiff's motion for summary judgment on the issue of proximate cause.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Smith, J.P., Peradotto, Green and Pine, JJ.