Hollingsworth v Capan
2009 NY Slip Op 03330 [61 AD3d 1425]
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


Janet K. Hollingsworth, as Limited Administratrix of the Goods, Chattels and Credits of Robert J. Hollingsworth, Deceased, Respondent, v Bruce Capan et al., Appellants, et al., Defendant.

—[*1] Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Rochester (Matthew A. Lenhard of counsel), for defendants-appellants.

Faraci Lange, LLP, Rochester (Joseph A. Regan of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered June 28, 2008 in a wrongful death action. The order denied the motion of defendants Bruce Capan and Matco Tools Corporation for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Smith, Fahey, Carni and Pine, JJ.