Savage v. Anderson's Frozen Custard, Inc.

Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered December 6, 2011 in a personal injury action. The order, insofar as appealed from, denied the motion of defendant Anderson’s Frozen Custard, Inc. for summary judgment.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion of defendant Anderson’s Frozen Custard, Inc. is granted and the amended and supplemental complaint against it is dismissed.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained in an…