Ochocinski v Hurley

Ochocinski v Hurley 2021 NY Slip Op 01606 Decided on March 19, 2021 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 March 19, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., CARNI, NEMOYER, WINSLOW, AND BANNISTER, JJ.
246 CA 20-00863

[*1]WILLIAM W. OCHOCINSKI, PLAINTIFF-RESPONDENT, AND MICHELLE DIXON-OCHOCINSKI, PLAINTIFF,

v

VINCENT P. HURLEY, WHITELAW TRUCKING, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

BENNETT SCHECHTER ARCURI & WILL LLP, BUFFALO (PETER D. CANTONE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

COLLINS & COLLINS ATTORNEYS, LLC, BUFFALO (SAMUEL J. CAPIZZI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered July 1, 2020. The order, among other things, denied in part the motion of defendants Vincent P. Hurley and Whitelaw Trucking, Inc. seeking summary judgment dismissing the complaint of plaintiff William W. Ochocinski in its entirety as against them.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: March 19, 2021

Mark W. Bennett

Clerk of the Court