SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 5, 2009
ROGER A. COSMO AND PEARL COSMO, PLAINTIFFS-APPELLANTS,
TOWN OF EVANS AND DENNIS M. FELDMAN, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered May 16, 2008 in a personal injury action. The order granted defendants' motion for summary judgment dismissing the complaint.
PRESENT: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed ithout costs (see Herod v Mele, ___ AD3d ___ [May 1, 2009]).
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