Flood v CSX Transp., Inc.
2010 NY Slip Op 09671 [79 AD3d 1669]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


Diane Flood, as Guardian of the Person and Property of Anne Marie Flood, an Incapacitated Person, Appellant,
v
CSX Transportation, Inc., et al., Respondents.

—[*1] Maxwell Murphy, LLC, Buffalo (Alan D. Voos of counsel), for plaintiff-appellant.

Lewis & Lewis, P.C., Buffalo (Emily Downing of counsel), for defendant-respondent Town of Hamburg.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered January 20, 2010. The order granted the motion of defendant Town of Hamburg for summary judgment.

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—Scudder, P.J., Martoche, Green, Pine and Gorski, JJ.