¶1— Appeal by plaintiff Grover Simmons unanimously dismissed. Judgment in favor of defendant George Baxter unanimously affirmed without costs. Same memorandum as in Simmons v Ricks ([appeal No. 3] 149 AD2d 914). (Appeals from judgment of Su*914preme Court, Erie County, Wolfgang, J.—negligence.) Present—Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.
149 A.D.2d 913
Simmons v. Ricks
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1989
Appellate Division of the Supreme Court of the State of New York · decided 1989-04-14
Decided 1989-04-14