MARTZLOFF, SCOTT v. RUSH-HENRIETTA CENTRAL SCHOOL

Appellate Division of the Supreme Court of New York

MARTZLOFF, SCOTT v. RUSH-HENRIETTA CENTRAL SCHOOL

Appellate Division of the Supreme Court of the State of New York·Decided February 10, 2011·No. CA 10-01073·Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 70 CA 10-01073 PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, SCONIERS, AND GORSKI, JJ.

SCOTT MARTZLOFF AND KIMBERLY MARTZLOFF, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF VICTORIA MARTZLOFF, AN INFANT, PLAINTIFFS-APPELLANTS, ORDER

V

RUSH-HENRIETTA CENTRAL SCHOOL DISTRICT, DEFENDANT-RESPONDENT.

REDMOND & PARRINELLO, LLP, ROCHESTER (BRUCE F. FREEMAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

PETRONE & PETRONE, P.C., SYRACUSE (LOUIS J. TRIPOLI OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered January 19, 2010 in a personal injury action. The order granted defendant’s motion in limine to preclude plaintiff Kimberly Martzloff from offering any evidence in support of her claim for emotional damages.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court

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SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 70 CA 10-01073 PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, SCONIERS, AND GORSKI, JJ.

SCOTT MARTZLOFF AND KIMBERLY MARTZLOFF, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF VICTORIA MARTZLOFF, AN INFANT, PLAINTIFFS-APPELLANTS, ORDER

V

RUSH-HENRIETTA CENTRAL SCHOOL DISTRICT, DEFENDANT-RESPONDENT.

REDMOND & PARRINELLO, LLP, ROCHESTER (BRUCE F. FREEMAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

PETRONE & PETRONE, P.C., SYRACUSE (LOUIS J. TRIPOLI OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered January 19, 2010 in a personal injury action. The order granted defendant’s motion in limine to preclude plaintiff Kimberly Martzloff from offering any evidence in support of her claim for emotional damages.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court

MARTZLOFF, SCOTT v. RUSH-HENRIETTA CENTRAL SCHOOL, (N.Y. Ct. App. 2011).

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