Depew Collision & Frame Serv., Inc. v Gurney, Becker & Bourne, Inc.
2009 NY Slip Op 04620 [63 AD3d 1648]
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


Depew Collision and Frame Service, Inc., Appellant, v Gurney, Becker & Bourne, Inc., et al., Respondents.

—[*1] Anthony F. Cerrone, Buffalo (Richard G. Berger of counsel), for plaintiff-appellant.

Feldman, Kieffer & Herman, LLP, Buffalo (Adam C. Ferrandino of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered April 14, 2008 in a negligence action. The order granted the motion of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Hurlbutt, J.P., Centra, Peradotto, Carni and Gorski, JJ.