ERRICO v. HEALY


245 A.D.2d 335 (1997)

666 N.Y.S.2d 25

Frank Errico et al., Appellants, v. Ellen Healy et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 8, 1997


Ordered that the appeal from the order dated February 25, 1997, is dismissed, as that order was superseded by the order dated April 18, 1997, made upon reargument; and it is further,

Ordered that the order dated April 18, 1997, is affirmed insofar as reviewed; and it is further,

Ordered that the respondents are awarded one bill of costs.

We agree with the Supreme Court that the plaintiffs failed to establish an issue of fact as to whether the injured...

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