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Nicole M. Kwaizer, Plaintiff-Respondent v. Joy M. Sitarski

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 10, 2011

NICOLE M. KWAIZER, PLAINTIFF-RESPONDENT,
v.
JOY M. SITARSKI, CARRIE L. SITARSKI, SENECA-BABCOCK COMMUNITY ASSOCIATION, INC.,
BUFFALO PANTHER CHEERLEADERS, DEFENDANTS-APPELLANTS, AND SENECA STREET UNITED METHODIST CHURCH, DEFENDANT.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 25, 2010 in a personal injury action.

Kwaizer v Sitarski

Decided on November 10, 2011

Appellate Division, Fourth Department

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, SCONIERS, GORSKI, AND MARTOCHE, JJ.

The order denied the motion of defendants Joy M. Sitarski, Carrie L. Sitarski, Seneca-Babcock Community Association, Inc., and Buffalo Panther Cheerleaders for summary judgment dismissing the complaint.

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: November 10, 2011

Patricia L. Morgan Clerk of the Court

20111110

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