PINK, RAYMOND v. RICCI, MATTHEW ( 2012 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1189 CA 12-00379 PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ. RAYMOND PINK AND MICHELLE PINK, PLAINTIFFS, V MEMORANDUM AND ORDER MATTHEW RICCI, DEFENDANT-APPELLANT, MARK WILBUR, CHRISTIN WILBUR, ROME YOUTH HOCKEY ASSOCIATION, INC., WHITESTOWN YOUTH HOCKEY ASSOCIATION, INC., CITY OF ROME, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. (APPEAL NO. 2.) HISCOCK & BARCLAY, LLP, SYRACUSE (MATTHEW J. LARKIN OF COUNSEL), FOR DEFENDANT-APPELLANT. GOLDBERG SEGALLA LLP, SYRACUSE (CORY DECRESENZA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS MARK WILBUR AND CHRISTIN WILBER. ROEMER WALLENS GOLD & MINEAUX, LLP, ALBANY (BENJAMIN D. HEFFLEY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS ROME YOUTH HOCKEY ASSOCIATION, INC. AND WHITESTOWN YOUTH HOCKEY ASSOCIATION, INC. Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered November 21, 2011 in a personal injury action. The order, upon reargument, reaffirmed a prior order granting the cross motions of defendants Rome Youth Hockey Association, Inc., Whitestown Youth Hockey Association, Inc., Mark Wilbur and Christin Wilbur for summary judgment on their cross claims for contribution against defendant Matthew Ricci. It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the cross motions of defendants Mark Wilbur and Christin Wilbur and defendants Rome Youth Hockey Association, Inc. and Whitestown Youth Hockey Association, Inc. for summary judgment on their cross claims for contribution against defendant Matthew Ricci are denied. Same Memorandum as in Pink v Ricci ([appeal No. 1] ___ AD3d ___ [Nov. 9, 2012]). Entered: November 9, 2012 Frances E. Cafarell Clerk of the Court