SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 5, 2009
CHERYL KALENDA AND MENYHERT KALENDA, JR., PLAINTIFFS-APPELLANTS,
MAR-WAL CONSTRUCTION CO., INC., DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered June 6, 2008 in a personal injury action. The order, among other things, granted defendant's motion for summary judgment dismissing the complaint.
PRESENT: HURLBUTT, J.P., CENTRA, PERADOTTO, CARNI, AND GORSKI, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
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