Searley v Wegmans Food Mkts., Inc.
2009 NY Slip Op 09902 [68 AD3d 1788]
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


Steven Searley, Individually and as Administrator of the Estate of Michael Searley, Deceased, et al., Appellants-Respondents, v Wegmans Food Markets, Inc., Respondent-Appellant.

—[*1] Brenna, Brenna & Boyce, PLLC, Rochester (Robert L. Brenna, Jr., of counsel), for plaintiffs-appellants-respondents.

Ward Norris Heller & Reidy LLP, Rochester (Tony R. Sears of counsel), for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered August 6, 2008. The order, inter alia, granted in part the motion of defendant for summary judgment.

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