Demmin v Smiech
2009 NY Slip Op 09749 [68 AD3d 1658]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


Tracy Demmin, Respondent, v Stanley Smiech et al., Respondents, and Newspaper Holdings, Inc., Appellant.

—[*1] Damon & Morey LLP, Buffalo (Hedwig M. Auletta of counsel), for defendant-appellant.

Andrews, Bernstein & Maranto, LLP, Buffalo (Richard A. Nicotra of counsel), for plaintiff-respondent.

Hagelin Kent LLC, Buffalo (John E. Abeel of counsel), for defendant-respondent Stanley Smiech.

Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for defendant-respondent John W. Haenle, IV, as Administrator of the Estate of John W. Haenle, III, Deceased.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered March 20, 2009 in a personal injury action. The order denied the motion of defendant Newspaper Holdings, Inc. for summary judgment.

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