Payne v. J & T Properties

Appeals from an order of the Supreme Court, Onondaga County (Charles T. Major, J.), entered August 29, 2003. The order, insofar as appealed from, denied the motion of third-party defendant and the cross motion of defendant for summary judgment dismissing the complaint and granted in part plaintiffs’ cross motion for summary judgment.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion and defendant’s cross motion are granted, the complaint is dismissed and plaintiffs’ cross motion is denied in its…