Benesh v Courtney (2010 NY Slip Op 09717)

Benesh v Courtney

2010 NY Slip Op 09717 [79 AD3d 1738]

December 30, 2010

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 16, 2011

Mark L. Benesh et al., Appellants,
v
Karen A. Courtney et al., Respondents.

—[*1] Hiscock & Barclay, LLP, Rochester (Scott Rogoff of counsel), for plaintiffs-appellants.

Kenney Shelton Liptak Nowak LLP, Buffalo (Brian A. Macdonald of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Thomas M. Van Strydonck, J.), entered September 11, 2009. The order granted the motion of defendants for summary judgment and dismissed the complaint.

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—Scudder, P.J., Carni, Lindley, Pine and Gorski, JJ.