SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
February 6, 2009
CONCEPCION VIRELLA, III, PLAINTIFF,
ALLSTATE HOME CARE OF BUFFALO, INC., ALFONSO REID, DEFENDANTS-APPELLANTS, AND NEAL E. DUNNING, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered March 25, 2008 in a personal injury action. The order granted the motion of defendant Neal E. Dunning for summary judgment dismissing the complaint and cross claim against him.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SCUDDER, P.J., SMITH, CENTRA, AND FAHEY, JJ.
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by dismissing that part of the motion seeking summary judgment dismissing the complaint against defendant Neal E. Dunning and as modified the order is affirmed without costs.
Same Memorandum as in Virella v Allstate Home Care of Buffalo, Inc. ([appeal No. 1.] ___ AD3d ___ [Feb. 6, 2009]).
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