Pink v Ricci
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Pink v Ricci
2012 NY Slip Op 07520
Released on November 9, 2012
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.
Released on November 9, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.
1189 CA 12-00379
[*1]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 NO. 2.)
Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered November 21, 2011 in a personal injury action. 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.
HISCOCK & BARCLAY, LLP, SYRACUSE (MATTHEW J. LARKIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
GOLDBERG SEGALLA LLP, SYRACUSE (CORY DECRESENZA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS MARK WILBUR AND CHRISTIN WILBER.
ROEMER WALLENS GOLD & MINEAUX, LLP, ALBANY (BENJAMIN D. HEFFLEY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS ROME YOUTH HOCKEY ASSOCIATION, INC. AND WHITESTOWN YOUTH HOCKEY ASSOCIATION, INC.
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.
Released on November 9, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.
1189 CA 12-00379
[*1]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 NO. 2.)
Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered November 21, 2011 in a personal injury action. 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.
HISCOCK & BARCLAY, LLP, SYRACUSE (MATTHEW J. LARKIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
GOLDBERG SEGALLA LLP, SYRACUSE (CORY DECRESENZA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS MARK WILBUR AND CHRISTIN WILBER.
ROEMER WALLENS GOLD & MINEAUX, LLP, ALBANY (BENJAMIN D. HEFFLEY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS ROME YOUTH HOCKEY ASSOCIATION, INC. AND WHITESTOWN YOUTH HOCKEY ASSOCIATION, INC.
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
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