Walker v. Gold

*1350Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered June 24, 2009 in a personal injury action. The order denied defendants’ motion for summary judgment dismissing the amended complaint.

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

Memorandum: Defendants appeal from an order denying their motion for summary judgment dismissing the amended complaint. Plaintiffs commenced this action seeking damages for injuries sustained by Ernestine…