Nelson v Santini
2009 NY Slip Op 07057 [66 AD3d 1481]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


Malika F. Nelson, Respondent, v Michael J. Santini, Appellant.

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

Cellino & Barnes, P.C., Rochester (Steven J. Paluch of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered December 9, 2008 in a personal injury action. The order denied the motion of defendant 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—Hurlbutt, J.P., Martoche, Centra, Green and Gorski, JJ.