Bialock v. Sears, Roebuck & Co.

Appeal from an order of Supreme Court, Herkimer County (Kirk, J.), entered January 14, 2002, which denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court, Herkimer County, Kirk, J. Present — Green, J.P., Wisner, Hurlbutt, Burns and Gorski, JJ.