Appeal and cross appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered May 3, 2012. The order denied the motion of defendants for summary judgment and denied the cross motion of Leonard P. Boryszak and Eleanore C. Boryszak for partial summary judgment.
It is hereby ordered that the order so appealed from is unanimously modified on the law by granting defendants' motion and dismissing the complaint and as modified the order is affirmed...
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