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Pink v. Ricci

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


November 9, 2012

RAYMOND PINK AND MICHELLE PINK, PLAINTIFFS,
v.
MATTHEW RICCI, DEFENDANT-APPELLANT, MARK WILBUR, CHRISTIN WILBUR, ROME YOUTH HOCKEY
ASSOCIATION, INC., WHITESTOWN YOUTH HOCKEY ASSOCIATION, INC., CITY OF ROME,
DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANT.

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered November 21, 2011 in a personal injury action.

Pink v Ricci

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.

Released on November 9, 2012

PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.

(APPEAL NO. 2.)

The order, upon reargument, reaffirmed a prior order granting the cross motions of defendants Rome Youth Hockey Association, Inc., Whitestown Youth Hockey Association, Inc., Mark Wilbur and Christin Wilbur for summary judgment on their cross claims for contribution against defendant Matthew Ricci.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the cross motions of defendants Mark Wilbur and Christin Wilbur and defendants Rome Youth Hockey Association, Inc. and Whitestown Youth Hockey Association, Inc. for summary judgment on their cross claims for contribution against defendant Matthew Ricci are denied.

Same Memorandum as in Pink v Ricci ([appeal No. 1] ___ AD3d ___ [Nov. 9, 2012]). Entered: November 9, 2012 Frances E. Cafarell Clerk of the Court

20121109

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