Mary Ann Tozzi v Michael K. Keating
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Tozzi v Keating
2005 NY Slip Op 02087 [16 AD3d 1182]
Decided on March 18, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: KEHOE, J.P., GORSKI, MARTOCHE, SMITH, AND PINE, JJ.
297 CA 04-02382
[*1]MARY ANN TOZZI AND ANGELO TOZZI, PLAINTIFFS-RESPONDENTS, ORDER
v
MICHAEL K. KEATING, D.D.S., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered June 15, 2004 in a personal injury action. The order denied defendant's motion for summary judgment dismissing the complaint.
SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (GABRIELLE MARDANY HOPE OF COUNSEL), FOR DEFENDANT-APPELLANT.
DR. DAVID J. SOKOL, HIGHLAND MILLS, EPHREM J. WERTENTEIL, NEW YORK (BRIAN SMITH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court
Decided on March 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: KEHOE, J.P., GORSKI, MARTOCHE, SMITH, AND PINE, JJ.
297 CA 04-02382
[*1]MARY ANN TOZZI AND ANGELO TOZZI, PLAINTIFFS-RESPONDENTS, ORDER
v
MICHAEL K. KEATING, D.D.S., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered June 15, 2004 in a personal injury action. The order denied defendant's motion for summary judgment dismissing the complaint.
SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (GABRIELLE MARDANY HOPE OF COUNSEL), FOR DEFENDANT-APPELLANT.
DR. DAVID J. SOKOL, HIGHLAND MILLS, EPHREM J. WERTENTEIL, NEW YORK (BRIAN SMITH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court
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