Polhamus v. Foulke

Appeal from an order of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered March 10, 2004. The order granted defendant’s motion for summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion, reinstating the amended complaint and vacating the last ordering paragraph and as modified the order is affirmed without costs.

Memorandum: Supreme Court erred in entertaining defendant’s motion for summary judgment dismissing the amended complaint and in thereupon…