Appellate Division of the Supreme Court of the State of New York April 28, 2006 (Russell v. City of Buffalo)

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered June 17, 2004 in a personal injury and wrongful death action. The order, among other things, denied defendants’ motion for summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.