Opinion
No. CA 08-01924.
June 5, 2009.
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered June 6, 2008 in a personal injury action. The order granted the motion of third-party defendants John Zajac and Karen Zajac, as foster parents and guardians to Robert Felvus, an infant, for summary judgment dismissing the third-party complaint against them.
GOLDBERG SEGALLA, LLP, BUFFALO (JULIE PASQUARIELLO APTER OF COUNSEL), FOR THIRD-PARTY plaintiff's-APPELLANTS.
LAW OFFICE OF EPSTEIN HARTFORD, WILLIAMSVILLE (JENNIFER V. SCHIFFMACHER OF COUNSEL), FOR THIRD-PARTY DEFENDANTS-RESPONDENTS.
Present: Scudder, P.J., Martoche, Fahey, Peradotto and Green, JJ.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Same memorandum as in Brandy B. v Eden Cent. School Dist. ( 63 AD3d 1583).