Lomedico v Cassillo
2008 NY Slip Op 09217 [56 AD3d 1273]
November 21, 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


Mario Lomedico et al., Individually and as Parents and Natural Guardians of Marc Lomedico, an Infant, Appellants, v Joseph Cassillo et al., Defendants, and Herkimer County Industrial Development Agency et al., Respondents. (Appeal No. 2.)

—[*1] Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, LLP, Utica (Anthony A. Murad of counsel), for plaintiffs-appellants.

Costello, Cooney & Fearon, PLLC, Syracuse (Christopher G. Todd of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered August 20, 2007 in a personal injury action. The order granted the motion of defendants Herkimer County Industrial Development Agency and Widewaters Herkimer Company, LLC for summary judgment dismissing the complaint against them.

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

Same memorandum as in Lomedico v Cassillo (56 AD3d 1271 [2008]). Present—Scudder, P.J., Martoche, Lunn, Peradotto and Green, JJ.