BAKER v. GILL

499 CA 21-00548.

208 A.D.3d 1027 (2022)

172 N.Y.S.3d 564

2022 NY Slip Op 04859

James Baker, Appellant, v. Trenisa Gill et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided August 4, 2022.


Attorney(s) appearing for the Case

HOGAN WILLIG PLLC, AMHERST ( RYAN C. JOHNSEN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, ROCHESTER ( NICHOLE M. AUSTIN OF COUNSEL), FOR DEFENDANT-RESPONDENT TRENISA GILL.

CARMAN, CALLAHAN & INGHAM, LLP, FARMINGDALE ( TRACY S. REIFER OF COUNSEL), FOR DEFENDANT-RESPONDENT JOSEPH MILLER.

CHELUS HERDZIK SPEYER & MONTE, P.C., BUFFALO ( NICHOLAS M. HRICZKO OF COUNSEL), FOR DEFENDANT-RESPONDENT ALLISON L. YUNA.

OSBORN, REED & BURKE, LLP, ROCHESTER ( MICHAEL C. PRETSCH OF COUNSEL), FOR DEFENDANT-RESPONDENT CHRISTIAN LYNCH.

Present—Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motions and cross motions of defendant Allison L. Yuna and defendant Christian Lynch and reinstating the complaint and cross claims against those defendants, and as modified the order is affirmed without costs.

Memorandum: In this action to recover damages for injuries sustained in a motor vehicle accident involving five...

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