Wind v McNeil
2013 NY Slip Op 06175 [109 AD3d 1166]
September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


Susan P. Wind, Appellant, v Timothy J. McNeil, Respondent.

—[*1] Cellino & Barnes, P.C., Buffalo (Ellen B. Sturm of counsel), for plaintiff-appellant.

Burgio, Kita & Curvin, Buffalo (Hilary C. Banker of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered August 8, 2012. The order granted the motion of defendant to amend his answer and for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for the reasons stated at Supreme Court. Present—Scudder, P.J., Centra, Lindley and Whalen, JJ.