Jacobs v. Kent

—Appeal and cross appeal from an order of Supreme Court, Genesee County (Noonan, J.), entered April 26, 2002, which, inter alia, denied defendant’s cross motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Neil P. Jacobs (plaintiff) when he was shot by defendant in an accident while turkey hunting. Defendant’s hunting party had established its position in the woods, and plaintiffs hunting…