Ryan v Babiarz
2010 NY Slip Op 07215 [77 AD3d 1467]
October 8, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


Raymond Ryan, Respondent, v Stanley Babiarz, Appellant.

—[*1] Frank A. Bersani, Jr., Syracuse, for defendant-appellant. Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, LLP, Utica (Richard Pertz of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Herkimer County (Bernadette Clark, J.), entered February 3, 2010 in a personal injury action. The order denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed with costs for reasons stated at Supreme Court. Present—Martoche, J.P., Carni, Green, Pine and Gorski, JJ.