Cosmo v Town of Evans
2009 NY Slip Op 04539 [63 AD3d 1600]
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


Roger A. Cosmo et al., Appellants, v Town of Evans et al., Respondents.

—[*1] David G. Jay, Buffalo (Kevin J. Bauer of counsel), for plaintiffs-appellants.

Lippman O'Connor, Buffalo (Christopher M. Duggan of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered May 16, 2008 in a personal injury action. The order granted defendants' motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs (see Herod v Mele, 62 AD3d 1269 [2009]). Present—Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.