| Hillman v Eick |
| 2004 NY Slip Op 04914 [8 AD3d 991] |
| June 14, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Mark E. Hillman et al., Respondents, v David L. Eick, Appellant. (Appeal No. 2.) |
—[*1]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.
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 AD3d — [2004]). Present—Wisner, J.P., Hurlbutt, Kehoe, Martoche and Lawton, JJ.