Tully v Anderson's Frozen Custard, Inc.

Tully v Anderson's Frozen Custard, Inc. 2010 NY Slip Op 07220 [77 AD3d 1474] October 8, 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

Patricia Tully, Appellant, v Anderson's Frozen Custard, Inc., Respondent. (Appeal No. 1.)

—[*1] Hogan Willig, Getzville (John Licata of counsel), for plaintiff-appellant.

Colucci & Gallaher, P.C., Buffalo (Todd Bushway of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered August 17, 2009 in a personal injury action. The order granted the motion of defendant for summary judgment and dismissed the complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Pine, JJ.