Conley v Warner
2008 NY Slip Op 00819 [48 AD3d 1089]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Wanda Conley, Appellant, v Andrew E. Warner, Respondent.

—[*1] Woodruff Lee Carroll, Syracuse, for plaintiff-appellant.

Greene, Hershdorfer & Sharpe, Syracuse (Sherry R. Bruce of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered March 16, 2006 in a personal injury action. The order, inter alia, granted that part of defendant's motion seeking to dismiss the complaint pursuant to CPLR 3211 (a) (3).

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Hurlbutt, J.P., Smith, Centra, Lunn and Fahey, JJ.