Leonard v Thompson & Johnson Equip. Co., Inc. (2009 NY Slip Op 02028)

Leonard v Thompson & Johnson Equip. Co., Inc.

2009 NY Slip Op 02028 [60 AD3d 1302]

March 20, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 6, 2009

Mary E. Leonard, Esq., as Bankruptcy Trustee, in Regard to the Estate of Samuel VanHorn, Deceased, and Another, Bankruptcy Case No. 04-65584, United States Bankruptcy Court for the Northern District of New York, Respondent, v Thompson & Johnson Equipment Co., Inc., et al., Appellants (Appeal No. 1.)

—[*1] Thorn Gershon Tymann and Bonanni, LLP, Albany (Arthur H. Thorn of counsel), for defendants-appellants.

Alexander & Catalano, LLC, Syracuse (James L. Alexander of counsel), for plaintiff-respondent.

Appeals from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered July 30, 2007 in a personal injury action. The order, insofar as appealed from, denied the motions of defendants for summary judgment dismissing the complaint and cross claims against them.

It is hereby ordered that said appeals are unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Martoche, J.P., Fahey, Green and Pine, JJ.