Aquavella v. Viola

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered September 27, 2006. The order, insofar as appealed from, upon reargument, denied in part *1192plaintiffs’ motion for partial summary judgment and granted defendant’s motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying defendant’s motion in part and reinstating the complaint and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking to recover damages resulting from…