SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 8, 2012
TIMOTHY T. JOHNSON, AS PARENT AND NATURAL GUARDIAN OF KYRELL JOHNSON, AN INFANT, PLAINTIFF-APPELLANT,
GENESEE MANAGEMENT, INC., RURAL HOUSING ACTION CORPORATION, MIG BUILDING SYSTEMS, INC., MONROE INSULATION AND GUTTER, INC., AND MONROE INSULATION AND GUTTER, INC., DOING BUSINESS AS MIG BUILDING SYSTEMS, INC., DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered March 23, 2011 in a personal injury action.
Johnson v Genesee Mgt., Inc.
Decided on June 8, 2012
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, FAHEY, LINDLEY, AND MARTOCHE, JJ.
The order granted the motions of defendants for summary judgment and dismissed the amended complaint.
CELLINO & BARNES, P.C., BUFFALO (ELLEN B. STURM OF COUNSEL), FOR PLAINTIFF-APPELLANT. RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA LLC, ROCHESTER (ALISON M.K. LEE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS MIG BUILDING SYSTEMS, INC., MONROE INSULATION AND GUTTER, INC., AND MONROE INSULATION AND GUTTER, INC., DOING BUSINESS AS MIG BUILDING SYSTEMS, INC. PETRONE & PETRONE, P.C., WILLIAMSVILLE (JAMES H. COSGRIFF, III, OF COUNSEL), FOR DEFENDANT-RESPONDENT RURAL HOUSING ACTION CORPORATION. TREVETT CRISTO SALZER & ANDOLINA P.C., ROCHESTER (ERICA M. DIRENZO OF COUNSEL), FOR DEFENDANT-RESPONDENT GENESEE MANAGEMENT, INC.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: June 8, 2012
Frances E. Cafarell Clerk of the Court
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