Burton v. Matteliano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1273Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered July 9, 2009. The order granted defendants’ motions to dismiss the complaint.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion of. defendant Andrew C. Matteliano, M.D. to dismiss the first cause of action and reinstating that cause of action and as modified the order is affirmed without costs.
Memorandum: Plaintiff was involved in a motor vehicle accident in July 2005 that was unrelated to his employment with defendant Niagara Frontier…
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