Berger v Henderson (2011 NY Slip Op 05752)

Berger v Henderson

2011 NY Slip Op 05752 [86 AD3d 920]

July 1, 2011

Appellate Division, Fourth Department

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

As corrected through Wednesday, August 31, 2011

Gary Berger, Individually and as Father and Natural Guardian of Kathryn Berger, an Infant, Respondent, v Teresa A. Henderson et al., Respondents, and The Buffalo News, Inc., Appellant.

—[*1] Feldman Kieffer, LLP, Buffalo (Adam C. Ferrandino of counsel), for defendant-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered December 16, 2010 in a personal injury action. The order denied the motion of defendant The Buffalo News, Inc. for summary judgment dismissing the amended complaint against it.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Peradotto, Lindley and Sconiers, JJ.