
    Philip J. Simao, Appellant, v Robert C. Smith et al., Respondents.
    (Appeal No. 1.)
    [765 NYS2d 551]
   Appeal from an order of Supreme Court, Jefferson County (Gilbert, J.), entered May 10, 2002, which granted defendants’ motion for summary judgment dismissing the complaint and denied plaintiffs’ cross motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs for reasons stated in decision at Supreme Court, Jefferson County, Gilbert, J. Present — Wisner, J.P., Hurlbutt, Kehoe and Lawton, JJ.  