O'GEEN v. McCAUSLAND

894 CA 23-00113.

2024 NY Slip Op 01660

LISA O'GEEN, INDIVIDUALLY, AND AS SPOUSE AND ADMINISTRATOR OF THE ESTATE OF ROBERT M. O'GEEN, DECEASED, Plaintiff-Respondent, v. CHARLES P. McCAUSLAND, Defendant-Appellant.

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

Decided March 22, 2024.


Attorney(s) appearing for the Case

BURGIO, CURVIN & BANKER, BUFFALO, LEWIS BRISBOIS BISGAARD & SMITH, LLP, NEW YORK CITY ( NICHOLAS P. HURZELER OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN WRIGHT LAW FIRM, PLLC, ROCHESTER ( JOHN K. WRIGHT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: LINDLEY, J.P., CURRAN, MONTOUR, OGDEN, AND NOWAK, JJ.


Appeal from an order of the Supreme Court, Ontario County (Brian D. Dennis, A.J.), entered January 10, 2023. The order granted the motion of plaintiff for partial summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motion in part, striking from the first ordering paragraph the phrase "the sole proximate cause" and substituting therefor the phrase "a proximate cause," and reinstating the affirmative...

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