Lovall v Graves Bros., Inc.
2009 NY Slip Op 04474 [63 AD3d 1530]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


Joanne Lovall, as Executor of Andrew R. Basch, Deceased, Appellant, v Graves Bros., Inc., et al., Respondents. (Appeal No. 2.)

—[*1] Fitzsimmons, Nunn, Fitzsimmons & Plukas, LLP, Rochester (Jason Abbott of counsel), for plaintiff-appellant.

Hiscock & Barclay, LLP, Rochester (Paul Sanders of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered May 18, 2007 in a personal injury action. The order denied the motion of Andrew R. Basch for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Lovall v Graves Bros., Inc. (63 AD3d — [2009]). Present—Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.