
    Dennis Horgan, Respondent, v James Barnes, Doing Business as Track and Bat, et al., Appellants.
    [822 NYS2d 474]
   Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J), entered June 2, 2005 in a personal injury action. The order denied defendants’ motion for summary judgment dismissing the second amended complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present — Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.  