West v Forteq N. Am., Inc.
2010 NY Slip Op 08237 [78 AD3d 1569]
November 12, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


Randall West, Appellant,
v
Forteq North America, Inc., et al., Defendants, and Engel Machinery, Inc., Respondent. (Appeal No. 2.)

—[*1] The Kammholz Law Firm, Fairport (Bradley P. Kammholz of counsel), for plaintiff-appellant.

Gallo & Iacovangelo, LLP, Rochester (Leonard A. Rosner of counsel), for defendant-respondent Engel Machinery, Inc.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered August 14, 2009 in a personal injury action. The order granted the motion of defendant Engel Machinery, Inc. for summary judgment and dismissed the complaint against it.

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—Centra, J.P., Fahey, Peradotto, Lindley and Green, JJ.