Joseph J. Muto v Oscar J. Boldt Construction Company
Decided on March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., KEHOE, GORSKI, LAWTON, AND HAYES, JJ.
42 CA 03-00353
[*1]JOSEPH J. MUTO AND GAIL A. MUTO, PLAINTIFFS-APPELLANTS, ORDER
OSCAR J. BOLDT CONSTRUCTION COMPANY, POSTLER & JAECKLE CORPORATION, JACOBS ENGINEERING NEW YORK, INC., ALSO KNOWN AS JACOBS ENGINEERING, AND CRSS OF NEW YORK, INC., CURRENTLY KNOWN AS JACOBS ENGINEERING NEW YORK, INC., DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Monroe County (Raymond E. Cornelius, J.), entered December 18, 2002. The order granted defendants' motions for summary judgment and dismissed the amended complaint in a personal injury action.
PAUL F. SHANAHAN, ROCHESTER, FOR PLAINTIFFS-APPELLANTS.
HURWITZ & FINE, P.C., BUFFALO (DAN D. KOHANE OF COUNSEL), FOR DEFENDANT-RESPONDENT OSCAR J. BOLDT CONSTRUCTION COMPANY.
LAW OFFICES OF CHARLES G. DI PASQUALE, BUFFALO (LEO T. FABRIZI OF COUNSEL), FOR DEFENDANT-RESPONDENT POSTLER & JAECKLE CORPORATION.
ERNSTROM & DRESTE, LLP, ROCHESTER (KIMBERLY A. STEELE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS JACOBS ENGINEERING NEW YORK, INC., ALSO KNOWN AS JACOBS ENGINEERING, AND CRSS OF NEW YORK, INC., CURRENTLY KNOWN AS JACOBS ENGINEERING NEW YORK, INC.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 19, 2004
JoAnn M. Wahl
Clerk of the Court