Kagels v Lewiston Recreational Ctr.
2009 NY Slip Op 03286 [61 AD3d 1394]
April 24, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


Susan L. Kagels et al., Respondents, v Lewiston Recreational Center, Doing Business as Frontier Bowling Center, Appellant.

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

Viola, Cummings & Lindsay, LLP, Niagara Falls (Michael J. Skoney of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered August 11, 2008 in a personal injury action. The order, insofar as appealed from, denied in part the motion of defendant for summary judgment.

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