| Tombs v Merrick |
| 2004 NY Slip Op 09757 [13 AD3d 1037] |
| December 30, 2004 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Daryl E. Tombs et al., Appellants, v Michael G. Merrick et al., Respondents. |
—[*1]Peters, J.P. Appeal from an order of the Supreme Court (O'Shea, J.), entered December 8, 2003 in Schuyler County, which granted defendants' motion for summary judgment dismissing the complaint.
Order affirmed, upon the opinion of Justice Judith F. O'Shea.
Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the order is affirmed, with costs.