Grey v First Baptist Church of Olean
2009 NY Slip Op 02153 [60 AD3d 1392]
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


John S. Grey et al., Respondents-Appellants, v First Baptist Church of Olean, Also Known as First Baptist Church, Appellant-Respondent, and Christian C. Henzel et al., Respondents. (Appeal No. 2.)

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Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Michelle Westerman of counsel), for defendant-appellant-respondent.

Francis M. Letro, Esq., Buffalo (Ronald J. Wright of counsel), for plaintiffs-respondents-appellants.

Law Offices of J. Michael Shane, Allegany (J. Michael Shane of counsel), for defendants-respondents.

Appeal and cross appeal from an amended order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered November 13, 2007 in a personal injury action. The amended order granted the motion of defendants Christian C. Henzel and Catherine M. Maley for summary judgment, granted in part and denied in part the motion of plaintiffs for partial summary judgment, and granted in part and denied in part the motion of defendant First Baptist Church of Olean, also known as First Baptist Church, for summary judgment.

It is hereby ordered that the amended order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Martoche, Centra, Peradotto and Gorski, JJ.