Bigelow v Zielinski
2009 NY Slip Op 09851 [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


Daniel D. Bigelow, as Executor of Tenny C. Bigelow, Deceased, and as Administrator C.T.A. of the Estate of Douglas L. Bigelow, Deceased, Respondent, v Rachel L. Zielinski et al., Appellants. (Appeal No. 3.)

—[*1] Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Thomas P. Kawalec of counsel), for defendants-appellants.

Cohen & Lombardo, P.C., Buffalo (Jonathan D. Cox of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Chautauqua County (John T. Ward, A.J.), entered September 19, 2008 in a wrongful death action. The order granted plaintiff's motion for partial summary judgment on liability.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is denied.

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