Kiner v Lift Line, Inc. (2007 NY Slip Op 10271)

Kiner v Lift Line, Inc.

2007 NY Slip Op 10271 [46 AD3d 1403]

December 21, 2007

Appellate Division, Fourth Department

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

As corrected through Wednesday, February 13, 2008

Edwin J. Kiner, Appellant, v Lift Line, Incorporated et al., Respondents.

—[*1] Law Office of Van Henri White, Rochester (Van Henri White of counsel), for plaintiff-appellant.

Harris Beach PLLC, Pittsford (Daniel J. Moore of counsel), for defendants-respondents Lift Line, Incorporated and Rochester-genesee Regional Transportation Authority.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered March 7, 2006. The order denied plaintiff's motion for partial summary judgment and for leave to amend the complaint and granted defendants' cross motions for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Gorski, Lunn, Fahey and Peradotto, JJ.