Davis v Hospitality Motels USA, Inc.
2010 NY Slip Op 08253 [78 AD3d 1579]
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


Marlin Davis, Respondent,
v
Hospitality Motels USA, Inc., Also Known as Travel Lodge, Appellant.

—[*1] Cohen & Lombardo, P.C., Buffalo (Jonathan D. Cox of counsel), for defendant-appellant.

Bennett, Difilippo & Kurtzhalts, LLP, East Aurora (Maura C. Seibold of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered October 15, 2009 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 without costs for reasons stated in the decision at Supreme Court. Present—Smith, J.P., Peradotto, Carni, Sconiers and Gorski, JJ.