Kindred v Colby

Kindred v Colby 2016 NY Slip Op 08733 Decided on December 23, 2016 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.

Decided on December 23, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ.
1198 CA 16-00394

[*1]DENNIS H. KINDRED, PLAINTIFF-APPELLANT,

v

SARAH COLBY AND MONROE COUNTY FAIR & RECREATION ASSOCIATION, DEFENDANTS-RESPONDENTS.

NASH CONNORS, P.C., BUFFALO (MATTHEW LOUISOS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BARCLAY DAMON, LLP, ROCHESTER (MARK T. WHITFORD, JR., OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered May 19, 2015. The order granted defendants' motion to dismiss plaintiff's complaint.

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: December 23, 2016

Frances E. Cafarell

Clerk of the Court