MILLER, BARBARA v. BUCK, LAURIEANN ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 761 CA 10-02320 PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ. BARBARA MILLER AND RICHARD HUGO MILLER, PLAINTIFFS-APPELLANTS, V ORDER LAURIEANN BUCK, ET AL., DEFENDANTS, SALVATORE SPINUZZA AND LABELLA SICILIA, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) LOTEMPIO & BROWN, P.C., BUFFALO (PATRICK J. BROWN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. LAW OFFICES OF LAURIE G. OGDEN, BUFFALO (PAMELA S. SCHALLER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered October 8, 2010 in a personal injury action. The order granted the motion of defendants Salvatore Spinuzza and LaBella Sicilia, Inc. for summary judgment and dismissed the complaint and all cross claims against them. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Entered: June 10, 2011 Patricia L. Morgan Clerk of the Court