Anderson v Town of Kirkland
2008 NY Slip Op 10369 [57 AD3d 1475]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


Eugenia Anderson et al., Appellants, v Town of Kirkland et al., Respondents.

—[*1] Carroll & Carroll, P.C., Syracuse (Woodruff Lee Carroll of counsel), for plaintiffs-appellants.

Petrone & Petrone, P.C., Syracuse (J. William Savage of counsel), for defendant-respondent Town of Kirkland.

Coughlin & Gerhart, LLP, Binghamton (Peter H. Bouman of counsel), for defendants-respondents Mark Strobino and David Strobino, as Executors of the Estate of Louis Strobino, Deceased, and Mark Strobino and David

Strobino, as Executors of the Estate of Eleanor Strobino, Deceased.

Noel Strobino, defendant-respondent pro se.

Appeal from an order and judgment of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered November 8, 2007. The order and judgment, inter alia, granted the motions and cross motion of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Green and Pine, JJ.