Rebon v York
2011 NY Slip Op 02294 [82 AD3d 1696]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


Laurie Rebon, Appellant, v Donna York, as Executrix of Warren M. Heldwein, Deceased, Respondent/Third-Party Plaintiff. Justin Rebon, Third-Party Defendant-Respondent.

—[*1] Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-appellant.

Law Offices of Laurie G. Ogden, Buffalo (Pamela S. Schaller of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 19, 2010 in a personal injury action. The order granted the motion of defendant for summary judgment dismissing the complaint and granted the motion of third-party defendant for summary judgment dismissing the third-party 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., Fahey, Peradotto, Lindley and Martoche, JJ.