Blattenberger v City of Buffalo-Public Works Dept.
2008 NY Slip Op 08866 [56 AD3d 1201]
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


Clyde Blattenberger, Appellant, v City of Buffalo-Public Works Dept. et al., Defendants, and Marion L. Wansart, as Administratrix of the Estate of Clarence A. Wansart, Jr., Deceased, Respondent.

—[*1] Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-appellant.

Hagelin Kent LLC, Buffalo (Michael T. Hagelin of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered July 13, 2007 in a personal injury action. The order granted the motion of defendant Marion L. Wansart, as administratrix of the estate of Clarence A. Wansart, Jr., deceased, for a directed verdict dismissing plaintiff's causes of action.

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