SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 12, 2010
ANNE M. ROMANELLO AND JOHN ROMANELLO, PLAINTIFFS-RESPONDENTS,
KENNETH S. FINLAY, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered October 21, 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., FAHEY, LINDLEY, SCONIERS, AND GORSKI, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see Frizzell v Giannetti, 34 AD3d 1202, 1203; House v Thornton, 32 AD3d 1172).
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