Cook v. Franz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of Supreme Court, Ontario County (Bergin, J.), entered November 27, 2002, which denied the motion of defendants Gloria M. Franz and Jeffrey C. Franz for summary judgment dismissing the complaint against them.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint against defendants Gloria M. Franz and Jeffrey C. Franz is dismissed.
Memorandum: Supreme Court should have granted the motion of Gloria M. Franz and Jeffrey C. Franz (defendants) for summary judgment…
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