Garcea v Battista
2008 NY Slip Op 06046 [53 AD3d 1071]
July 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 3, 2008


Lori Garcea, as Parent and Natural Guardian of Danielle Kasinowski, Respondent, v Allen M. Battista et al., Defendants, and Mark D. Rivoli et al., Appellants. (Appeal No. 3.)

—[*1] Panzarella & Coia, P.C., Rochester (Chad M. Hummel of counsel), for defendants-appellants.

Chamberlain D'Amanda Oppenheimer & Greenfield LLP, Rochester (Michael A. Sciortino of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), dated July 26, 2007 in a personal injury action. The order, insofar as appealed from, granted in part plaintiff's motion and denied in part the cross motion of defendants Mark D. Rivoli, Michael B. Rivoli, and The Gates Pub, Inc. with respect to General Obligations Law § 15-108.

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

Same memorandum as in Garcea v Battista (53 AD3d 1068 [2008]). Present—Scudder, P.J., Hurlbutt, Centra, Fahey and Peradotto, JJ.