Appellate Division of the Supreme Court of the State of New York June 8, 2007 (McMindes v. Jones)

Appeal from an order of the Supreme Court, Erie County (Erin M. Peradotto, J.), entered January 17, 2006 in a personal injury action. The order, insofar as appealed from, granted those parts of the motion of defendants Buffets, Inc., doing business as Old Country Buffet, and Old Country Buffet for summary judgment dismissing the cross claims of defendant Wilbert Jones, Jr.