SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 5, 2009
JOANNE LOVALL, AS EXECUTOR OF THE ESTATE OF ANDREW R. BASCH, DECEASED, PLAINTIFF-APPELLANT,
GRAVES BROS., INC. AND GRAVES BROS. HOME IMPROVEMENT CO., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered May 18, 2007 in a personal injury action. The order denied the motion of Andrew R. Basch for partial summary judgment.
PRESENT: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Same Memorandum as in Lovall v Graves Bros., Inc. ([appeal No. 1] ___ AD3d ___ [June 5, 2009]).
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