Hess v Nelson
2012 NY Slip Op 08987 [101 AD3d 1698]
December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


Mark Hess and Gail Hess, Individually and as Parents and Natural Guardians of Marilyn Hess, an Infant, Appellants, v Gary Nelson et al., Respondents.

—[*1] The Carey Firm, LLC, Grand Island (Dale J. Bauman of counsel), for plaintiffs-appellants.

Law Offices of Laurie G. Ogden, Buffalo (Tara E. Waterman of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered December 16, 2011. 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—Smith, J.P., Peradotto, Lindley, Sconiers and Valentino, JJ.