Parker v Sprague

Parker v Sprague 2006 NY Slip Op 09757 [35 AD3d 1176] December 22, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

James A. Parker, jr., Appellant, v Keith M. Sprague et al., Respondents, et al., Defendants. Keith M. Sprague, Third-Party Plaintiff, v Star Transport, Inc., Third-Party Defendant-Respondent.

—[*1]Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered November 18, 2005 in a personal injury action. The order, insofar as appealed from, granted the motions of defendants Keith M. Sprague and Bethany Tessitore for summary judgment dismissing the complaint against them.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, J.P., Smith, Centra and Pine, JJ.