O'Brien v Lombardo
2010 NY Slip Op 02294 [71 AD3d 1483]
March 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


Monika O'Brien et al., Respondents-Appellants, v Theresa A. Lombardo, Appellant-Respondent.

—[*1] Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Rochester (Alison M. K. Lee of counsel), for defendant-appellant-respondent.

Cellino & Barnes, P.C., Rochester (K. John Wright of counsel), for plaintiffs-respondents-appellants.

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered July 1, 2009 in a personal injury action. The order granted in part and denied in part the motion of defendant for summary judgment and the cross motion of plaintiffs for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Lindley, Green and Gorski, JJ.