Milczarski v Walaszek
2013 NY Slip Op 05389 [108 AD3d 1189]
July 19, 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


Christopher A. Milczarski, as Administrator of the Estate of Mark A. Milczarski, Deceased, Respondent,
v
Michael K. Walaszek et al., Appellants, et al., Defendants. (Appeal No. 1.)

—[*1] Burden, Gulisano & Hickey, LLC, Buffalo (Donna L. Burden of counsel), for defendants-appellants.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered October 26, 2011. The order, insofar as appealed from, denied the motion of defendants Michael K. Walaszek and K.W. Auto & Sales Inc., for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985, 985 [1990]). Present—Centra, J.P., Fahey, Carni and Sconiers, JJ.