Opinion
CA 06-00057.
September 22, 2006.
Appeal and cross appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered June 17, 2005. The order, inter alia, granted in part defendants' motion for summary judgment dismissing the claims for medical monitoring expenses.
FARACI LANGE, LLP, ROCHESTER (STEPHEN G. SCHWARZ OF COUNSEL), AND MASRY VITITOE, WESTLAKE VILLAGE, CALIFORNIA, FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.
WILLIAMS CONNOLLY, LLP, WASHINGTON, DC (STEVEN R. KUNEY, OF THE DISTRICT OF COLUMBIA BAR, ADMITTED PRO HAC VICE, OF COUNSEL), AND BOND, SCHOENECK KING, PLLC, SYRACUSE, FOR DEFENDANTS-RESPONDENTS-APPELLANTS.
Present — Pigott, Jr., P.J., Scudder, Kehoe, Smith and Green, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed and the order is affirmed without costs. Same memorandum as in Allen v General Elec. Co. (32 AD3d 1163 [2006]).