Corp v Ratajczak
2012 NY Slip Op 02996 [94 AD3d 1433]
April 20, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


Angel Corp, as Parent and Natural Guardian of Tomianne Corp, an Infant, Respondent, v Matthew R. Ratajczak, Appellant, and Michael Muscato et al., Respondents.

[*1] Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for defendant-appellant. Law Offices of Laurie G. Ogden, Buffalo (Tara E. Waterman of counsel), for defendants-respondents.

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

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered February 9, 2011 in a personal injury action. The order denied the motion of defendant Matthew R. Ratajczak for summary judgment dismissing plaintiff's complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Fahey, Lindley and Martoche, JJ.