Appellate Division of the Supreme Court of the State of New York February 6, 2009, Appeal No. 1 (Virella v. Allstate Home Care of Buffalo, Inc.)

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered September 13, 2007 in a personal injury action. The order denied the motion of defendants Allstate Home Care of Buffalo, Inc. and Alfonso Reid for summary judgment dismissing the complaint against them.

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