Golden v Brown

Golden v Brown 2010 NY Slip Op 05160 [74 AD3d 1843] June 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

Rodney Golden et al., Respondents-Appellants, v James P. Brown et al., Appellants-Respondents.

—[*1] Burgio, Kita & Curvin, Buffalo (William J. Kita of counsel), for defendants-appellants-respondents.

Barry J. Donohue, Tonawanda, for plaintiffs-respondents-appellants.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered October 26, 2009 in a personal injury action. The order, among other things, denied defendants' motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Fahey, Peradotto, Lindley and Pine, JJ.