Stojek v Clear-All (2010 NY Slip Op 05195)

Stojek v Clear-All

2010 NY Slip Op 05195 [74 AD3d 1864]

June 11, 2010

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 25, 2010

Janice M. Stojek, Appellant, v Clear-All, Respondent.

—[*1] The Cosgrove Law Firm, Buffalo (Edward C. Cosgrove of counsel), for plaintiff-appellant. Brian P. Fitzgerald, P.C., Buffalo (Derek Roller of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 1, 2009 in a personal injury action. The order granted defendant's motion for summary judgment and dismissed the complaint.

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—Martoche, J.P., Fahey, Carni, Sconiers and Green, JJ.