Mattes v. Joseph

—In an action, inter alia, to recover damages for wrongful death, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (D’Emilio, J.), entered December 1, 1999, which, upon the granting of the motion of the defendant Edward Joseph for summary judgment dismissing the complaint insofar as asserted against him, dismissed the complaint insofar as asserted against him.

Ordered that the judgment is affirmed, with costs.

The respondent Edward Joseph, and the plaintiffs’ decedent, *508James Mattes, agreed to remove a fallen tree from the property of the defendant Rachel Joseph. Edward…