| Askew v Well Timed Transp., Inc. |
| 2022 NY Slip Op 00796 [202 AD3d 1505] |
| February 4, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jason E. Askew, Respondent, v Well Timed Transport, Inc., Appellant. (Appeal No. 2.) |
Barth Sullivan Behr, Buffalo (Dominic M. Chimera of counsel), for defendant-appellant.
Law Office of Jennifer S. Adams, Williamsville (Rebecca Postek of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered July 22, 2019. The order denied the motion of defendant Well Timed Transport, Inc. for summary judgment.
It is hereby ordered that the order so appealed from is unanimously affirmed.
Same memorandum as in Brown v Askew ([appeal No. 1] 202 AD3d 1501 [4th Dept 2022]). Present—Smith, J.P., Peradotto, Carni and Bannister, JJ.