Monette v Trummer
2012 NY Slip Op 04853 [96 AD3d 1547]
June 15, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


Robert K. Monette et al., Respondents, v Christina L. Trummer et al., Appellants, et al., Defendants. (Appeal No. 1.)

—[*1] Brown & Kelly, LLP, Buffalo (Donald Eppers of counsel), for defendants-appellants.

Dwyer, Black & Lyle, LLP, Olean (Jeffrey A. Black of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered December 13, 2010 in a personal injury action. The order granted that part of the motion of plaintiffs for partial summary judgment on the issue of serious injury.

It is hereby ordered that said appeal is unanimously dismissed without costs. (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Smith, J.P., Carni, Lindley and Sconiers, JJ.