HENDRYX, LEE T. v. PAYNE, RICHARD M.

Appeal and cross appeal from an order of the Supreme Court, Cattaraugus County (Gerald J. Whalen, J.), entered December 22, 2011. The order, among other things, denied in part the motion of defendants and third-party plaintiffs Richard M. Payne and Suzanne Payne for summary judgment dismissing the amended complaint against them and denied the cross motion of defendant and third-party defendant, Mark Nolan, for summary judgment dismissing the amended complaint and the third-party complaint against him.

It is hereby ordered that the order so appealed from is unanimously modified on the law by…