SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 12, 2010
MARLIN DAVIS, PLAINTIFF-RESPONDENT,
HOSPITALITY MOTELS USA, INC., ALSO KNOWN AS TRAVEL LODGE, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered October 15, 2009 in a personal injury action. The order denied the motion of defendant for summary judgment dismissing the complaint.
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: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND GORSKI, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
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