Turnmire v Concrete Applied Tech. Corp.
2008 NY Slip Op 08777 [56 AD3d 1128]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Richard H. Turnmire, Respondent, v Concrete Applied Technologies Corporation, Doing Business as CATCO, et al., Appellants, et al., Defendants. (Appeal No. 2.)

—[*1] Brown & Kelly, LLP, Buffalo (Mark J. Schaefer of counsel), for defendant-appellant Concrete Applied Technologies Corporation, Doing Business as CATCO.

Webster Szanyi LLP, Buffalo (Kevin A. Szanyi of counsel), for defendant-appellant URS Corporation. Law Offices of Eugene C. Tenney, Buffalo (Eugene C. Tenney of counsel), for plaintiff-respondent.

Appeals from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered October 19, 2007 in a personal injury action. The order settled the record on appeal in appeal No. 1.

It is hereby ordered that the order so appealed from is unanimously modified on the law by providing that references to plaintiff's alleged intoxication as set forth in the medical and stenographic records and affidavits in question shall be included in the record on appeal in appeal No. 1 and as modified the order is affirmed without costs.

Same memorandum as in Turnmire v Concrete Applied Tech. Corp. (56 AD3d 1125 [2008]). Present—Centra, J.P., Lunn, Peradotto, Green and Pine, JJ.