TERESA MARTIN PLAINTIFF APPELLANT RESPONDENT v. ROCHESTER ATHLETIC CLUB AND 21 GOODWAY DRIVE INC DEFENDANTS RESPONDENTS (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

TERESA E. MARTIN, PLAINTIFF-APPELLANT -RESPONDENT, v. ROCHESTER ATHLETIC CLUB AND 21 GOODWAY DRIVE, INC., DEFENDANTS-RESPONDENTS.
ROCHESTER ATHLETIC CLUB AND 21 GOODWAY DRIVE, INC., THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. YORUK PROPERTIES, LLC, THIRD-PARTY DEFENDANT-RESPONDENT -APPELLANT.

CA 10-01331

Decided: December 30, 2010

PRESENT: MARTOCHE, J.P., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.

CELLINO & BARNES, P.C., BUFFALO (ELLEN B. STURM OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT. RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA LLC, ROCHESTER (ALISON M.K. LEE OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT. DAMON MOREY LLP, BUFFALO (AMY ARCHER FLAHERTY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS AND THIRD-PARTY PLAINTIFFS-RESPONDENTS.

ORDER

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 14, 2009 in a personal injury action. The order granted defendants-third-party plaintiffs' motion for summary judgment dismissing plaintiff's complaint and granted plaintiff's cross motion for partial summary judgment.

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

Patricia L. Morgan

Clerk of the Court

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