Larivey v Solomon
2008 NY Slip Op 02361 [49 AD3d 1276]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Brenda Larivey, Individually and as Mother and Natural Guardian of J.M., an Infant, Respondent, v James Solomon, Appellant, et al., Defendant. (Appeal No. 2.)

—[*1] John J. Lavin, P.C., Buffalo (John J. Lavin of counsel), for defendant-appellant.

Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered February 22, 2007. The order granted the motion of plaintiff for summary judgment dismissing the counterclaim of defendant James Solomon.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Solomon v Larivey (49 AD3d 1274 [2008]). Present—Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.