Debra Weaver v Jason Frith

Weaver v Frith 2005 NY Slip Op 08477 [23 AD3d 1078] November 10, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 18, 2006 As corrected through Wednesday, January 18, 2006

Debra Weaver, Individually and as Parent and Natural Guardian of Adam Weaver, an Infant, Appellant, v Jason Frith, Defendant, and Lynn Heintz, Individually and as Executor of Ruth Heintz, Deceased, and as Administrator/Executor of the Estate of Dennis Heintz, Deceased, Respondent. (Action No. 1.) Jason A. Frith, Appellant,
v
Lynn Heintz, Individually and as Executor of Ruth Heintz, Deceased, and as Administrator/Executor of the Estate of Dennis Heintz, Deceased, Respondent. (Action No. 2.)

—[*1]Appeals from a judgment of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered August 19, 2004. The judgment granted the motion of defendant Ruth Heintz, individually and as administrator/executor of the estate of Dennis Heintz, deceased, for summary judgment dismissing the complaints and all cross claims against her.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Scudder, J.P., Martoche, Pine, Lawton and Hayes, JJ.