Bennett v Mosey
2007 NY Slip Op 10327 [46 AD3d 1442]
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


Todd M. Bennett, Respondent, v Acea Mosey, Erie County Public Administrator, as Administrator of the Estate of John H. Gibbs, Deceased, Appellant.

—[*1] Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for defendant-appellant.

Viola, Cummings & Lindsay, LLP, Niagara Falls (Robert Viola of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 13, 2006. The order denied defendant's motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, P.J., Gorski, Lunn, Fahey and Green, JJ.