Tomaszewski v. Seewaldt

—Appeal from that part of an order of Supreme Court, Erie County (Cosgrove, J.), entered September 4, 2002, that denied in part defendants’ motion for summary judgment.

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

Memorandum: Supreme Court did not err in denying that part of defendants’ motion seeking summary judgment dismissing the complaint against Charles Seewaldt, Velma Seewaldt and Joanne Seewaldt (defendants). Plaintiffs commenced this action individually and on behalf of their eight-year-old daughter to recover damages…