Arbatosky v. Herman

*1242Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered February 24, 2005. The order denied the motion of defendant Sears, Roebuck and Co. for summary judgment and granted the cross motion of defendants Connecticut General Life Insurance Co. and General Growth Management, Inc. for summary judgment dismissing the amended complaint and cross claims against them.

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

Memorandum: Plaintiff commenced this action seeking damages for injuries he…