Warren v Ellis
2011 NY Slip Op 07092 [88 AD3d 1262]
October 7, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


John J. Warren, Plaintiff, v Lawrence Ellis, III, et al., as Trustees under the Will of Lawrence R. Ellis, Jr., Deceased, Dated December 23, 1986, et al., Appellants, and Finger Lakes Book Company et al., Respondents.

—[*1] Law Offices of Taylor & Santacrose, Buffalo (Destin C. Santacrose of counsel), for defendants-appellants.

Underberg & Kessler LLP, Buffalo (Colin D. Ramsey of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Ontario County (William F. Kocher, A.J.), entered September 2, 2010 in a personal injury action. The order, inter alia, denied the cross motion of defendants-appellants for summary judgment.

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