Appellate Division of the Supreme Court of the State of New York December 27, 2013 (Catalano v. Tanner)

lead-opinion

Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), entered March 21, 2013. The order denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is reversed on the law without costs, the motion is granted, and the complaint is dismissed.