Guereschi v Family Dollar Stores of N.Y., Inc.

Guereschi v Family Dollar Stores of N.Y., Inc. 2010 NY Slip Op 06931 [77 AD3d 1382] October 1, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

Daniel Guereschi, Appellant,
v
Family Dollar Stores of New York, Inc., et al., Respondents/Third-Party Plaintiffs. Ward Manufacturing, Inc., Third-Party Defendant-Respondent.

—[*1] Stanley Law Offices, LLP, Syracuse (Robert A. Quattrocci of counsel), for plaintiff-appellant.

Goldberg Segalla LLP, Albany (Matthew S. Lerner of counsel), for defendants-respondents.

Osborn, Reed & Burke, LLP, Rochester (Jeffrey P. Dipalma of counsel), for third-party defendant-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered July 24, 2009 in a personal injury action. The order and judgment, insofar as appealed from, denied the motion of plaintiff for partial summary judgment, granted the cross motion of defendants for summary judgment and dismissed the complaint.

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