Meyerhoefer v George
2008 NY Slip Op 05255 [52 AD3d 1285] [52 AD3d 1285]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


John C. Meyerhoefer, Respondent-Appellant, v Ellen George et al., Defendants, and Palmisano Architecture & Design, LLC, Appellant-Respondent. (Appeal No. 2.)

—[*1] Law Offices of Lawrence M. Rubin, Buffalo (Destin C. Santacrose of counsel), for defendant-appellant-respondent.

Siegel, Kelleher & Kahn LLP, Buffalo (Timothy G. O'Connell of counsel), for plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered July 25, 2007 in a personal injury action. The order, insofar as appealed and cross-appealed from, denied the cross motion of defendant Palmisano Architecture & Design, LLC for partial summary judgment and the motion of plaintiff for partial summary judgment.

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