Shumway v Kelley
2010 NY Slip Op 09693 [79 AD3d 1706]
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


David Shumway et al., Appellants, v Justin Kelley, Respondent.

—[*1] E. Robert Fussell P.C., Leroy (E. Robert Fussell of counsel), for plaintiffs-appellants.

Kenney Shelton Liptak Nowak LLP, Rochester (Richard C. Brister of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered September 21, 2009 in a personal injury action. The order denied plaintiffs' motion for leave to renew their cross motion for partial 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—Smith, J.P., Centra, Fahey, Peradotto and Pine, JJ.