Muldowney v Rogowski
2009 NY Slip Op 09941 [68 AD3d 1821]
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


Kelly M. Muldowney, Respondent, v Jeffrey J. Rogowski, Appellant, and Joseph Palczak, Respondent.

—[*1] Law Offices of Laurie G. Ogden, Buffalo (Alan J. Bedenko of counsel), for defendant-appellant. Chiacchia & Fleming, LLP, Hamburg (Tiffany M. Kopacz of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 9, 2009 in a personal injury action. The order denied the motion of defendant Jeffrey J. Rogowski to dismiss the complaint and the cross claims against him.

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