Burns v City of Batavia

Burns v City of Batavia 2010 NY Slip Op 01084 [70 AD3d 1313] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Kenneth Burns et al., Appellants, v City of Batavia et al., Respondents. (Appeal No. 1.)

—[*1] Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiffs-appellants.

Brown & Tarantino, LLC, Buffalo (Ann M. Campbell of counsel), for defendants-respondents City of Batavia and City of Batavia Department of Public Works.

Harter Secrest & Emery LLP, Rochester (Candace M. Curran of counsel), for defendant-respondent Erdman, Anthony and Associates, Inc.

Appeal from a judgment of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered November 10, 2008 in a personal injury action. The judgment, upon the motion of defendant Erdman, Anthony and Associates, Inc. for summary judgment, dismissed the complaint against it.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for the reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.