| Horgan v Barnes |
| 2006 NYSlipOp 07069 |
| September 29, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Dennis Horgan, Respondent, v James Barnes, Doing Business as Track and Bat, et al., Appellants. |
—[*1]Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered June 2, 2005 in a personal injury action. The order denied defendants' motion for summary judgment dismissing the second amended complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.