
    Katherine G.L. Merkley et al., Appellants, v. Star Diner, Inc. of Seneca County et al., Respondents.
    [816 NYS2d 398]
   Appeal from an order of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered October 14, 2005 in a personal injury action. The order denied plaintiffs’ motion for partial summary judgment on the issue of liability.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Pigott, Jr., PJ., Scudder, Kehoe, Smith and Pine, JJ.  