Leone v Kaczmarek (2011 NY Slip Op 08049)

Leone v Kaczmarek

2011 NY Slip Op 08049 [89 AD3d 1469]

November 10, 2011

Appellate Division, Fourth Department

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

As corrected through Wednesday, January 4th, 2012

Louis Leone et al., Respondents,
v
Kyle J. Kaczmarek et al., Respondents, and Kelly M. Leone, Appellant.

—[*1] Rupp, Baase, Pfalzgraf, Cunningham & Coppola, LLP, Buffalo (John R. Condren of counsel), for defendant-appellant.

Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 13, 2010 in a personal injury action. The order denied the motion of defendant Kelly M. Leone for summary judgment dismissing the complaint and all cross claims against her.

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, Green and Gorski, JJ.