Colosi v Foley
2008 NY Slip Op 00891 [48 AD3d 1157]
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


James Colosi, Respondent, v Roger L. Foley, Doing Business as Foley's Tavern, Appellant, et al., Defendant. (Appeal No. 1.)

—[*1] Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Albany (Douglas R. Kemp of counsel), for defendant-appellant.

DeMarie & Schoenborn, P.C., Buffalo (Joseph DeMarie of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered August 4, 2006 in a personal injury action. The order, insofar as appealed from, denied that part of the motion of defendant Roger L. Foley, doing business as Foley's Tavern, for summary judgment dismissing the complaint against him.

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