Drake v Fox

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Drake v Fox 2006 NY Slip Op 08507 [34 AD3d 1311] November 17, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

Milford C. Drake et al., Appellants, v Dale F. Fox et al., Respondents.

—[*1]Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered August 15, 2005. The order, insofar as appealed from, denied plaintiffs' motion for partial summary judgment.

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. Present—Hurlbutt, A.P.J., Scudder, Gorski, Centra and Green, JJ.