Kimble v Barnes
2014 NY Slip Op 00800 [114 AD3d 1168]
February 7, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 26, 2014


Regina Kimble, Respondent,
v
Lamont V. Barnes et al., Respondents, and Best Auto Sales and Services, Inc., Appellant, et al., Defendant.

—[*1] Barth Sullivan Behr, Buffalo (Andrew J. Kowalewski of counsel), for defendant-appellant.

William K. Mattar, P.C., Williamsville (Sara T. Wallitt of counsel), for plaintiff-respondent.

Bouvier Partnership, LLP, Buffalo (Chad E. Murray of counsel), for defendant-respondent Lamont V. Barnes.

Appeal from an order of the Supreme Court, Erie County (Sheila A. DiTullio, A.J.), entered October 4, 2012 in a personal injury action. The order, among other things, denied the cross motion of defendant Best Auto Sales and Services, Inc. for summary judgment dismissing the amended complaint and all cross claims against it.

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