Haveron v. Kirkpatrick

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered January 4, 2006. The order, among other things, granted in part defendant’s motion for summary judgment and dismissed the first, second and third causes of action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of the motion seeking summary judgment dismissing the first cause of action and reinstating that cause of action and as modified the order is affirmed without costs.

Memorandum; Plaintiff commenced this action seeking,…