Stubbs v Capellini
2013 NY Slip Op 05124 [108 AD3d 1059]
July 5, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 21, 2013


Joanne N. Stubbs, Appellant, v John A. Capellini, III, Defendant, and Ralph J. Freetly et al., Respondents. (Appeal No. 3.)

—[*1] Hogan Willig, PLLC, Amherst (Steven M. Cohen of counsel), for plaintiff-appellant.

Anspach Meeks Ellenberger LLP, Buffalo (David M. Stillwell of counsel), for defendants-respondents.

Appeal from a judgment of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered March 28, 2012. The judgment dismissed the complaint against defendants Ralph J. Freetly and ABF Freight System, Inc., upon a jury verdict.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Stubbs v Capellini (108 AD3d 1057 [2013]). Present—Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.