Lilley v Cincinnati Frgt. Express
2011 NY Slip Op 08050 [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


Tonya E. Lilley, Respondent,
v
Cincinnati Freight Express, Doing Business as Cincinnati Freight Expeditors, Defendant, and George W. Hardy, Appellant.

—[*1] Smith, Murphy & Schoepperle, LLP, Buffalo (Stephen P. Brooks of counsel), for defendant-appellant.

Cellino & Barnes, P.C., Buffalo (Ellen B. Sturm of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered February 25, 2011 in a personal injury action. The order, insofar as appealed from, denied in part the motion of defendant George W. Hardy for summary judgment.

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