Opinion
May 13, 1971
Appeal from an order of the Supreme Court at Special Term, entered August 11, 1970 in Albany County, which denied a motion for summary judgment dismissing the complaint. The issue concerns whether the acts of the defendant constituted gross negligence. (See Matter of Kelley v. Kelly, 5 A.D.2d 913, 914; Lane v. New York Tel. Co., 7 A.D.2d 702.) Order affirmed, with costs. Herlihy, P.J., Reynolds, Greenblott, Sweeney and Simons, JJ., concur.