Appellate Division of the Supreme Court of the State of New York July 2, 2009 (Gitchell v. Corby)

Appeal and cross appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered June 17, 2008 in a personal injury action. The order, inter alia, granted the motion of defendant Watkins Glen International, Inc. for summary judgment.

It is hereby ordered that the cross appeal is unanimously dismissed (see Town ofMassena v Niagara Mohawk Power Corp.