Fedeson v Howard Johnson Tiki Resort Inn
2010 NY Slip Op 03689 [72 AD3d 1627]
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


Ruth Fedeson et al., Respondents, v Howard Johnson Tiki Resort Inn, et al., Appellants.

—[*1] Rupp, Baase, Pfalzgraf, Cunningham & Coppola, LLC, Buffalo (Michael T. Feeley of counsel), for defendants-appellants.

Mark D. Grossman, Niagara Falls, for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered June 15, 2009 in a personal injury action. The order denied defendants' motion to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Centra, Carni, Sconiers and Pine, JJ.