Russo v. Clinton Disposal Service, Inc.

—Appeal from an order of Supreme Court, Erie County (Whelan, J.), entered July 18, 2001, which, inter alia, denied plaintiffs’ motion for partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting plaintiffs’ motion and vacating that part granting defendant Clinton Disposal Service, Inc. leave to amend its answer and as modified the order is affirmed without costs.

Memorandum: Supreme Court properly granted that part of the cross motion of Clinton Disposal Service, Inc. (defendant) seeking summary judgment…