Testerman v Zielinski
2009 NY Slip Op 09850 [68 AD3d 1753]
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


Robert C. Testerman, Appellant, v Rachel L. Zielinski et al., Defendants, and Pisa Electrical Construction & Manufacturing, Inc., Respondent. (Appeal No. 2.)

—[*1] Herschel Gelber, LLC, Amherst (Herschel Gelber of counsel), for plaintiff-appellant.

Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Thomas P. Kawalec of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Chautauqua County (John T. Ward, A.J.), entered October 31, 2008 in a personal injury action. The order, among other things, granted the motion of defendant Pisa Electrical Construction & Manufacturing, Inc. for summary judgment dismissing the amended complaint against it.

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

Same memorandum as in Testerman v Zielinski (68 AD3d 1751 [2009]). Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.