Thorpe v Chapelsky (2011 NY Slip Op 03487)

Thorpe v Chapelsky

2011 NY Slip Op 03487 [83 AD3d 1601]

April 29, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 8, 2011

Cynthia Thorpe, as Parent and Natural Guardian in Her Representative Capacity Only, of Alyssa Thorpe, an Infant, Respondent,
v
George James Chapelsky et al., Appellants, et al., Defendants.

—[*1] Hancock & Estabrook, LLP, Syracuse (Alan J. Pierce of counsel), for defendants-appellants.

O'Connelland Aronowitz, Albany (Mark G. Richter of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered November 23, 2009 in a personal injury action. The order denied the motion of defendants George James Chapelsky and Judy Ann Chapelsky 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—Centra, J.P., Fahey, Peradotto, Lindley and Sconiers, JJ.