Majority
p. 1055Matthew E. Fuller, Respondent, v James E. Waldraff et al., Appellants. [759 NYS2d 408]
—Appeal from that part of an order of Supreme Court, Erie County (Cosgrove, J.), entered May 13, 2002, that denied defendants’ motion for summary judgment dismissing the complaint.
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, Erie County, Cosgrove, J. Present — Pine, J.P., Hurlbutt, Kehoe, Gorski and Hayes, JJ.