Martin v. Rochester Athletic Club

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 14, 2009 in a personal injury action. The order granted defendants-third-party plaintiffs’ motion for summary judgment dismissing plaintiffs complaint and granted plaintiffs cross motion for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present — Martoche, J.P., Fahey, Carni, Lindley and Sconiers, JJ.