Appolson v Larocco (2007 NY Slip Op 10312)

Appolson v Larocco

2007 NY Slip Op 10312 [46 AD3d 1432]

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

Cindy M. Appolson, Respondent, v David P. Larocco et al., Defendants, and General Motors Corporation, Appellant.

—[*1] Thorn Gershon Tymann and Bonanni, LLP, Albany (Matthew H. McNamara of counsel), for defendant-appellant.

Cellino & Barnes, P.C., Buffalo (Gregory V. Pajak of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered November 13, 2006 in a personal injury action. The order denied the motion of defendant General Motors Corporation for summary judgment dismissing the amended complaint against it.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Smith, Centra, Lunn and Peradotto, JJ.