Shatkin v. Health

—Appeal from that part of *1113an order of Supreme Court, Erie County (Notaro, J.), entered March 12, 2002, that denied defendant’s motion seeking dismissal of the complaint or, in the alternative, summary judgment dismissing the complaint.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Defendant appeals from that part of an order that denied its motion seeking dismissal of the complaint or, in the alternative, seeking summary judgment dismissing…