Appellate Division of the Supreme Court of the State of New York June 5, 2009 (Britt v. Stadelmeyer)

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 12, 2008 in a personal injury action. The order granted the motions of defendants to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, EJ., Hurlbutt, Peradotto, Green and Gorski, JJ.