Miller v Buck (2011 NY Slip Op 04920)

Miller v Buck

2011 NY Slip Op 04920 [85 AD3d 1616]

June 10, 2011

Appellate Division, Fourth Department

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

As corrected through Wednesday, August 10, 2011

Barbara Miller et al., Appellants,
v
Laurieann Buck et al., Defendants, and Town of Cheektowaga, Respondent. (Appeal No. 1.)

—[*1] Lotempio & Brown, P.C., Buffalo (Patrick J. Brown of counsel), for plaintiffs-appellants.

Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Arthur A. Herdzik of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered October 6, 2010 in a personal injury action. The order granted the motion of defendant Town of Cheektowaga for summary judgment dismissing the complaint and all cross claims against it.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Scudder, P.J., Peradotto, Lindley, Green and Gorski, JJ.