Ochocinski v Hurley
2021 NY Slip Op 01606 [192 AD3d 1494]
March 19, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 5, 2021


[*1]
 William W. Ochocinski, Respondent, et al., Plaintiff,
v
Vincent P. Hurley et al., Appellants, et al., Defendants.

Bennett Schechter Arcuri & Will LLP, Buffalo (Peter D. Cantone of counsel), for defendants-appellants.

Collins & Collins Attorneys, LLC, Buffalo (Samuel J. Capizzi of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered July 1, 2020. The order, among other things, denied in part the motion of defendants Vincent P. Hurley and Whitelaw Trucking, Inc. seeking summary judgment dismissing the complaint of plaintiff William W. Ochocinski in its entirety as against them.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Carni, NeMoyer, Winslow and Bannister, JJ.