Button v Seasons Discount Store (2008 NY Slip Op 02405)

Button v Seasons Discount Store

2008 NY Slip Op 02405 [49 AD3d 1304]

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

Linette Button, Respondent, v Seasons Discount Store, Appellant.

—[*1] Davidson & O'Mara, PC, Elmira (Ransom P. Reynolds, Jr., of counsel), for defendant-appellant.

Nicholas, Perot, Smith, Bernhardt & Zosh, P.C., Akron (Jason R. Juron of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered March 22, 2007 in a personal injury action. The order denied defendant's motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Martoche, J.P., Smith, Peradotto, Pine and Gorski, JJ.