| Simet v Coleman Co., Inc. |
| 2004 NY Slip Op 04977 [8 AD3d 1039] |
| June 14, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Mary Simet, Appellant, v The Coleman Company, Inc., et al., Defendants, and David E. Lehman et al., Respondents. (Appeal No. 2.) |
—[*1]Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 17, 2003. The order granted those parts of the motions of defendants David E. Lehman, Linda Lehman, and Nationwide Mutual Insurance Company for dismissal of the breach of contract cause of action.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Same memorandum as in Simet v Coleman Co. (8 AD3d — [2004]). Present—Hurlbutt, J.P., Scudder, Gorski and Hayes, JJ.