Angel Corp, as Parent and Natural Guardian of Tomianne Corp, an Infant, Respondent, v. Matthew R. Ratajczak, Appellant, and Michael Muscato et al., Respondents

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered February 9, 2011 in a personal injury action. The order denied the motion of defendant Matthew R. Ratajczak for summary judgment dismissing plaintiffs complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Scudder, EJ., Fahey, Lindley and Martoche, JJ.