Wallace v Adkins
2008 NY Slip Op 10382 [57 AD3d 1482]
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


Ramona Wallace, as Administratrix of the Estate of Howard L. Wallace, II, Deceased, Respondent, v Kevin Adkins et al., Defendants, and Steven Lee Burress, Doing Business as SLB Enterprises, Appellant.

—[*1] Burden, Gulisano & Hickey, LLC, Buffalo (Philip M. Gulisano of counsel), for defendant-appellant.

Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered October 29, 2007 in an action for personal injury and wrongful death. The order, insofar as appealed from, denied the motion of defendant Steven Lee Burress, doing business as SLB Enterprises, for summary judgment.

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