Cases

Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered September 26, 2016. The order denied the motion of defendant for summary judgment dismissing the complaint. It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Memorandum: Pl

Lahtinen, J.P. Appeal from an order of the Supreme Court (O’Shea, J.), entered April 14, 2014 in Chemung County, which granted a motion by defendant Tops Markets, LLC to dismiss the complaint against it. Joel States (hereinafter decedent) was consuming alcohol and drugs with several companions when he passed out and appeared to have trouble breathing at abo

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered September 26, 2014. The order granted in part defendant’s motion for summary judgment. It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Whalen, P.J., Carni, De Joseph and Troutman, JJ.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered March 4, 2014 in a personal injury action. The order denied defendant’s motion for summary judgment dismissing the complaint. *1505 It is hereby ordered that the order so appealed from is unanimously affirmed without costs. <

Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered July 1, 2015 in a personal injury action. The order denied defendant’s motion for summary judgment dismissing the complaint. It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered June 10, 2014. The order granted the motion of defendant for summary judgment dismissing the complaint. It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Memorandum: Plaintiff commenced this action seeking damages for injuries

—Appeals from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered December 7, 2007 in a personal injury action. The order denied the motions of defendants for post-trial relief. Now, upon reading and filing the stipulation discontinuing appeals signed by the attorneys for plaintiff and defendant Raymond E. Kiser on January 5, 2010, it is hereby ordered that said appeal taken by defendant Raymond E. Kiser is unani

— Motion for reargument denied. Present — Centra, J.P., Peradotto, Carni, Pine and Gorski, JJ.

—Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered August 27, 2008 in a personal injury action. The order granted the motion of defendant Churchill Contracting, Inc. for summary judgment and denied the cross motion of defendants Tops Markets, LLC and Benderson Development Company, Inc. for summary judgment. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the

*1505Appeal and cross appeal from a judgment of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered June 20, 2008 in a personal injury action. The judgment awarded plaintiff money damages against defendant upon a jury verdict. It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the collateral source offset to $15,

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered December 11, 2008 in a personal injury action. The order granted the motion of defendant for summary judgment dismissing the amended complaint. It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the amended complaint is reinstated. Memorandum: Plaintiff c

SUMMARY ORDER Plaintiff-appellant Judith A. Incarnato, pro se, appeals from the judgment of the United States District Court for the Western District of New York (Telesca, J.) granting defendant-appellee’s motion for summary judgment and dismissing appellant’s complaint. The parties’ familiarity with the facts is assumed. For substantially the reasons stated in the District Court’s Memorandum Decision and Order dated May

Appeal from an order of the Supreme Court, Erie County (Penny M. Wolfgang, J.), entered March 4, 2008 in a negligence action. The order denied the motion of defendant for summary judgment dismissing the complaint. It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Memorandum: Plaintiff commenced this action, individually and on behalf of his son, seeking damages for injuries

Feters, J. Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered January 17, 2006 in Tompkins County, *988which denied defendants’ motion for summary judgment dismissing the complaint. In April 2002, plaintiff Donna Tenkate (hereinafter plaintiff) was injured in a slip-and-fall accident at a store operated by defendant Tops Markets, LL

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 500 CA 11-02213 PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ. BETHANNE M. HAHN AND DOUGLAS HAHN, PLAINTIFFS-RESPONDENTS, V MEMORANDUM AND ORDER TOPS MARKETS, LLC, ET AL., DEFENDANTS, CONCEPT CONSTRUCTION CORPORATION AND INDUSTRIAL POWER AND LIGHTING CORP., DEFENDANTS-APPELLANTS. -------------------------------------

Appeal from an order of the Supreme Court, Niagara County (John M. Curran, J.), entered December 21, 2004 in a personal injury action. The order, insofar as appealed from, granted plaintiffs motion for partial summary judgment on the Labor Law § 240 (1) claim and denied that part of defendants’ cross motion for summary judgment dismissing that claim. It is hereby ordered that the order so appealed from be and the same hereby is unanimousl

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered January 10, 2005. The order denied defendant’s motion seeking dismissal of the complaint or, alternatively, to stay the action and to compel arbitration and granted plaintiffs motion seeking a permanent stay of arbitration. It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski J.), entered January 10, 2005 in a special proceeding pursuant to CPLR 7502 (a). The order granted the petition and denied respondent’s motion to dismiss the petition. It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Memorandum: Petitioner commenced this special proceeding pur

Appeals from an order of the Supreme Court, Erie County (Russell P Buscaglia, A.J.), entered July 13, 2011 in a personal injury action. The order, insofar as appealed from, denied the motions of Concept Construction Corporation and Industrial Power and Lighting Corp. for summary judgment. It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Scott v Tops Mkts., LLC (2024 NY Slip Op 03249) Scott v Tops Mkts., LLC 2024 NY Slip Op 03249 Decided on June 14, 2024 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.</