Rew v County of Niagara
2010 NY Slip Op 04010 [73 AD3d 1464]
May 7, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 30, 2010


Michael J. Rew, Respondent, v County of Niagara et al., Appellants. (Appeal No. 2.)

—[*1] Gibson, McAskill & Crosby, LLP, Buffalo (Elizabeth M. Bergen of counsel), for defendants-appellants.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered March 10, 2009 in a personal injury action. The order granted the motion of plaintiff to serve a late notice of claim and amended summons and complaint.

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