Harley v. Perkinson

Appeal from a judgment of the Supreme Court (Keniry, J.), entered December 13, 1990 in Rensselaer County, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action.

Judgment affirmed, without costs, upon the opinion of Justice William H. Keniry.

Weiss, P. J., Yesawich Jr., Levine, Mahoney and Harvey, *934JJ., concur. Ordered that the judgment is affirmed, without costs. [See, 148 Misc 2d 753.]