McIlroy v Muskoka Transp., Ltd.
2009 NY Slip Op 02130 [60 AD3d 1378]
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


James McIlroy, Respondent, v Muskoka Transport, Ltd., et al., Appellants, and Simon J.F. Lim et al., Respondents.

—[*1] Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Brian Del Gatto of counsel), for defendants-appellants.

Dimatteo Law Office, Warsaw (David M. Roach of counsel), for plaintiff-respondent.

Cheven Keely & Hatzis, Esqs., New York City (William B. Stock of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 19, 2007. The order denied the motion of defendants Muskoka Transport, Ltd. and Russell D. Woods for summary judgment and directed those defendants to respond to plaintiff's outstanding demands for disclosure.

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