Green v. Ross

Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered February 26, 2003. The order denied defendant’s motion for summary judgment, granted plaintiffs *1200cross motion for partial summary judgment and granted judgment in favor of plaintiff on the issue of liability.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion and vacating the third ordering paragraph and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for…