Majority
p. 872Sally Merrick, Appellant, v James P. O'Neil et al., Respondents. [739 NYS2d 316]
Appeal from an order of Supreme Court, Ontario County (Harvey, J.), entered December 13, 2000, which granted defendants’ motion to dismiss the summons with notice.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court, Harvey, J. Present — Wisner, J.P., Scudder, Kehoe, Burns and Gorski, JJ.