Johnson v. Cantie

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered May 12, 2009 in a personal injury action. The order granted the motions of defendants for summary judgment and dismissed the complaint.

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

Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Kimberly Johnson (plaintiff) when she attempted to avoid being hit and kicked by the daughter of defendants Deborah Cantie and Frank Cantie. At the time of the incident, plaintiff was…