Studer v. Whitsell

Appeal from an order of Supreme Court, Steuben County (Bradstreet, J.), entered October 9, 2001, which denied defendants’ motion seeking summary judgment dismissing the amended complaint.

*1010It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the amended complaint is dismissed.

Memorandum: Supreme Court erred in denying defendants’ motion seeking summary judgment dismissing the amended complaint. Plaintiffs commenced this action seeking damages for injuries sustained by Heath W. Studer (plaintiff)…