Appellate Division of the Supreme Court of the State of New York May 3, 2002 (Silk v. Turk)

—Appeal from an order of Supreme Court, Chautauqua County (Gerace, J.), entered November 29, 2000, which denied plaintiffs motion for partial summary judgment and granted summary judgment to defendant.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the complaint is reinstated and the motion is granted.