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Timothy T. Johnson v. Genesee Management

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,
v.
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

20120608

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