Appellate Division of the Supreme Court of the State of New York June 6, 2008 (Miller v. Pike Co.)

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered September 26, 2007 in a personal injury action. The order denied the motion of defendant The Pike Company, Inc. for summary judgment.

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