Place v Chaffee-Sardinia Volunteer Fire Co.

Place v Chaffee-Sardinia Volunteer Fire Co. 2016 NY Slip Op 06589 Decided on October 7, 2016 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 7, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.
808 CA 15-01242

[*1]DAWN M. PLACE, PLAINTIFF-RESPONDENT,

v

CHAFFEE-SARDINIA VOLUNTEER FIRE COMPANY AND JOHN VAN CURRAN, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

BURDEN, GULISANO & HANSEN, LLC, BUFFALO (SARAH HANSEN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

LAW OFFICES OF JAMES MORRIS, BUFFALO (WILLARD M. POTTLE, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered June 17, 2015. The order held in abeyance that part of the motion of defendants seeking to strike the note of issue and certificate of readiness and denied that part of the motion seeking sanctions.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting the motion in part and striking the note of issue and certificate of readiness and as modified the order is affirmed without costs.

Same memorandum as in Place v Chaffee-Sardinia Volunteer Fire Co. ([appeal No. 1] ___ AD3d ___ [Oct. 7, 2016]).

Entered: October 7, 2016

Frances E. Cafarell

Clerk of the Court