Opinion
CA 02-00959
November 15, 2002.
Appeal from an order of Supreme Court, Herkimer County (Kirk, J.), entered January 14, 2002, which denied defendant's motion for summary judgment dismissing the complaint.
AINSWORTH, SULLIVAN, TRACY, KNAUF, WARNER AND RUSLANDER, P.C., ALBANY (VINCENT J. DE LEONARDIS OF COUNSEL), FOR DEFENDANT-APPELLANT.
BLUMBERG CARRIG, LITTLE FALLS (BART M. CARRIG OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
PRESENT: GREEN, J.P., WISNER, HURLBUTT, BURNS, AND GORSKI, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court, Herkimer County, Kirk, J.