Appellate Division of the Supreme Court of the State of New York July 9, 2009 (Voght v. Voght)

Garry, J.

Appeal from that part of an order of the Supreme Court (Sise, J.), entered June 4, 2008 in Montgomery County, which denied defendants’ cross motion for summary judgment dismissing the complaint.

Plaintiff is the son of defendant Richard C. Voght (hereinafter the father). Plaintiffs two siblings are the other two defendants.