Brandy B. v Eden Cent. School Dist.
2009 NY Slip Op 04510 [63 AD3d 1584]
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


Brandy B., Individually and as Mother and Natural Guardian of Brenna B., an Infant, Plaintiff, v Eden Central School District et al., Defendants and Third-Party Plaintiffs-Appellants. John Zajac et al., as Foster Parents and Guardians to Robert F. elvus, an Infant, Third-Party Defendants-Respondents, et al., Third-Party Defendant. (Appeal No. 2.)

[*1] Goldberg Segalla, LLP, Buffalo (Julie Pasquariello Apter of counsel), for third-party plaintiffs-appellants.

Law Office of Epstein & Hartford, Williamsville (Jennifer V. Schiffmacher of counsel), for third-party defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered June 6, 2008 in a personal injury action. The order granted the motion of third-party defendants John Zajac and Karen Zajac, as foster parents and guardians to Robert F., an infant, for summary judgment dismissing the third-party complaint against them.

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

Same memorandum as in Brandy B. v Eden Cent. School Dist. (63 AD3d — [2009]). Present—Scudder, P.J., Martoche, Fahey, Peradotto and Green, JJ.