Baker v Felker
2008 NY Slip Op 03854 [50 AD3d 1572]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Raymond Baker et al., Appellants, v David Felker, Jr., Doing Business as Roof's-R-Us, et al., Respondents and ServiceMaster of Rome, LLC, et al., Appellants.

—[*1] Gilberti Stinziano Heintz & Smith, P.C., Syracuse (Martin A. Lynn of counsel), for plaintiffs-appellants.

Costello, Cooney & Fearon, PLLC, Syracuse (Christina F. DeJoseph of counsel), for defendants-appellants.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Robert P. Cahalan of counsel), for defendants-respondents.

Appeals from an order (denominated order and judgment) of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered May 16, 2007 in a personal injury action. The order, among other things, granted in part the motion of defendants David Felker, Jr., doing business as Roof's-R-Us, and Safeco Insurance Company of America for summary judgment dismissing the complaint and cross claim against them.

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—Smith, J.P., Lunn, Fahey, Pine and Gorski, JJ.