McClintic v CSX Transp., Inc.
2009 NY Slip Op 09885 [68 AD3d 1775]
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


Douglas P. McClintic, Respondent,
v
CSX Transportation, Inc., Appellant.

—[*1] Anspach Meeks Ellenberger LLP, Buffalo (Michelle Parker of counsel), for defendant-appellant.

Collins, Collins & Donoghue, P.C., Buffalo (Patrick J. Donoghue of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered January 7, 2009 in a personal injury action. The order, among other things, granted plaintiff's motion for partial summary judgment.

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