Opinion
CA 03-02087.
Decided June 14, 2004.
Appeal from an amended order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered May 29, 2002. The amended order clarified the order, entered May 22, 2002, by providing that plaintiffs' motion for partial summary judgment was granted on negligence rather than on liability.
KENNEY, SHELTON, LIPTAK NOWAK, LLP, BUFFALO (WENDY A. SCOTT OF COUNSEL), FOR DEFENDANT-APPELLANT.
MUSCATO, DI MILLO VONA, LLP, LOCKPORT (GEORGE V.C. MUSCATO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Before: PRESENT: WISNER, J.P., HURLBUTT, KEHOE, MARTOCHE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.
Same Memorandum as in Hillman v. Eick ([appeal No. 1] 8 A.D.3d 898 [June 14, 2004]).