Frankowski v Garden Vil. Plaza, Inc.
2008 NY Slip Op 07479 [55 AD3d 1414]
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


Patricia Frankowski et al., Appellants, v Garden Village Plaza, Inc., et al., Appellants, and Custom Topsoil, Inc., et al., Respondents, et al., Defendant.

—[*1] Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiffs-appellants.

Burden, Gulisano & Hickey, LLC, Buffalo (Jonathan S. Hickey of counsel), for defendants-appellants.

Goldberg Segalla LLP, Buffalo (Dennis P. Glascott of counsel), for defendant-respondent Custom Topsoil, Inc.

Hodgson Russ LLP, Buffalo (Kyle C. Reeb of counsel), for defendant-respondent RRC, Inc., Individually and Doing Business as Village Flea Outlet.

Appeals from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered August 14, 2007 in a personal injury action. The order granted the motions of defendants Custom Topsoil, Inc. and RRC, Inc., individually and doing business as Village Flea Outlet, for summary judgment dismissing the complaint and cross claims against them.

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