Paul v Cooper
2012 NY Slip Op 07830 [100 AD3d 1550]
November 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


Virginia S. Paul, Appellant,
v
David G. Cooper, as Administrator of the Estate of Ernest R. Cooper, Deceased, et al., Respondents. (Appeal No. 1.)

—[*1] Michael J. Crosby, Honeoye Falls, for plaintiff-appellant.

Law Offices of Laurie G. Ogden, Rochester (David F. Bowen of counsel), for defendant-respondent David G. Cooper, as Administrator of the Estate of Ernest R. Cooper, Deceased. Macdonald & Hafner, Esqs., Buffalo (Phyliss A. Hafner of counsel), for defendants-respondents United Refining Holdings, Inc., Doing Business as Kwik Fill Gas Station, United Refining Company of Pennsylvania, United Refining Co. and United Refining, Inc.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered May 20, 2011. The order adjudicated plaintiff to be in default and dismissed the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Paul v Cooper (100 AD3d 1550 [2012]). Present—Scudder, P.J., Fahey, Carni, Valentino and Martoche, JJ.