Appellate Division of the Supreme Court of the State of New York June 13, 2003 (Bowen v. Dunn)

—Appeal from an order of Supreme Court, Wyoming County (Dadd, J.), entered March 20, 2002, which denied the motion of defendants Thomas C. Dunn and Elizabeth Dunn seeking summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion of defendants Thomas C.