Giacometti v Doyle
2010 NY Slip Op 03545 [72 AD3d 1512]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


Amy G. Giacometti, Respondent, v Shannon M. Doyle, Appellant. (Appeal No. 2.)

—[*1] Sugarman Law Firm LLP, Buffalo (Kelly J. Philips of counsel), for defendant-appellant.

John J. Delmonte, Niagara Falls, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered January 21, 2009 in a personal injury action. The order denied defendant's motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Progressive Halcyon Ins. Co. v Giacometti (72 AD3d 1503 [2010]). Present—Smith, J.P., Fahey, Carni, Lindley and Sconiers, JJ.