Appellate Division of the Supreme Court of the State of New York April 24, 2009 (Hollingsworth v. Capan)

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered June 28, 2008 in a wrongful death action. The order denied the motion of defendants Bruce Capan and Mateo Tools Corporation for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.