Barnhard v Cybex Intl., Inc.
2008 NY Slip Op 07388 [55 AD3d 1348]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


Natalie M. Barnhard, Respondent, v Cybex International, Inc., Appellant.

—[*1] Hurwitz & Fine, P.C., Buffalo (Harry F. Mooney of counsel), for defendant-appellant.

Phillips Lytle LLP, Buffalo (Kevin J. English of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 18, 2008 in a personal injury action. The order granted plaintiff's motion to compel and denied defendant's cross motion for a protective order.

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