Earl v. Adducci

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered February 7, 2007 in a personal injury action. The order granted plaintiffs’ motion for partial summary judgment on the issues of negligence and proximate cause and to dismiss the first affirmative defense.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Mary Elizabeth Earl (plaintiff) as *1287the result of swallowing a piece of glass in food she ate while attending…