Marx v. Kessler

Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered June 2, 2015. The order, insofar as appealed from, upon reargument, granted the motion of defendant Bernard M. Shevlin for summary judgment dismissing the complaint against him in action No. 1.

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

Memorandum: The plaintiffs in action No. 1, Carrie Marx (plaintiff) and Patrie A. Marx (Marx) (collectively, plaintiffs), commenced this negligence action seeking damages for injuries sustained by Marx and injuries resulting in…