Hay v Jay
2009 NY Slip Op 02119 [60 AD3d 1373]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


Gerald Hay et al., Individually and as Parents and Natural Guardians of Robin Hay and Others, Minors, Appellants, v Gordon Jay et al., Individually and Doing Business as Bemus Construction, Respondents.

—[*1] Richard J. Lippes & Associates, Buffalo (Greg Maxwell of counsel), for plaintiffs-appellants.

Brown & Kelly, LLP, Buffalo (Tara E. Waterman of counsel), for defendant-respondent Gordon Jay.

Bender, Crawford & Bender, LLP, Buffalo (Joanneke K.M. Brentjens of counsel), for defendant-respondent Raymond Henry Wierzbic, Jr., Individually and Doing Business as Bemus Construction.

Appeal from an order the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered February 1, 2008 in an action for personal injury and property damage. The order granted the motions of defendants for summary judgment and dismissed the complaints.

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