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HARTUNG v. LINDSLEY

13 A.D.3d 582 (2004)

786 N.Y.S.2d 334

NICHOLAS HARTUNG, Plaintiff, v. CARA ELIZABETH LINDSLEY et al., Respondents, and MERRILL K. MORRIS et al., Appellants.

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

December 27, 2004.

Ordered that the appeal from so much of the order as granted those branches of the motion and cross motions which were for summary judgment dismissing the complaint insofar as asserted against the respondents is dismissed, as the appellants are not aggrieved by those portions of the order; and it is further,

Ordered that the order is reversed insofar as reviewed, on the law, with one bill of costs payable by the respondents appearing

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