Majority
p. 838James Holmes et al., Appellants, v Ann Marszalek, Respondent. [739 NYS2d 301]
Appeal from an order of Supreme Court, Monroe County (Stander, J.), entered April 11, 2001, which, inter alia, granted in part defendant’s motion for summary judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs for reasons stated in decision at Supreme Court, Stander, J. Present— Green, J.P., Hayes, Hurlbutt, Kehoe and Burns, JJ.