Gianni v Dolomite Prods. Co., Inc.
2008 NY Slip Op 10257 [57 AD3d 1368]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


James Gianni, Respondent, v Dolomite Products Company, Inc., et al., Appellants.

—[*1] Couch White, LLP, Albany (Melanie J. Lafond of counsel), for defendants-appellants. Phillips Lytle LLP, Rochester (Jodie L. Ryan of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Stephen K. Lindley, J.), entered January 10, 2008 in a personal injury action. The order denied defendants' motion for summary judgment.

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