Fiocco v Doyle
2010 NY Slip Op 03546 [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


Marle M. Fiocco, Respondent, v Shannon M. Doyle, Appellant, and Vehicle Asset Universal Leasing Trust et al., Respondents, et al., Defendant. (Appeal No. 3.)

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

Law Office of John J. Fromen, Buffalo, Magavern Magavern Grimm LLP (Edward J. Markarian of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered February 20, 2009 in a personal injury action. The order, insofar as appealed from, denied the motion of defendant Shannon M. Doyle for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion of defendant Shannon M. Doyle seeking summary judgment dismissing the fourth cause of action and dismissing that cause of action and as modified the order is 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.