Appellate Division of the Supreme Court of the State of New York December 30, 2004 (Tombs v. Merrick)

Peters, J.P.

Appeal from an order of the Supreme Court (O’Shea, J.), entered December 8, 2003 in Schuyler County, which granted defendants’ motion for summary judgment dismissing the complaint.

Order affirmed, upon the opinion of Justice Judith E O’Shea.

Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the order is affirmed, with costs.