Aquilina v. Saulters (70 A.D.2d 676, 1979)

Appeal from an order of the Supreme Court at Special Term, entered December 8, 1977 in Ulster County, which denied a motion for summary judgment dismissing the complaint. Plaintiff consenting thereto, we reverse on the authority of Drago v Buonagurio (46 NY2d 778). Order reversed, on the law, without costs; motion granted and complaint dismissed. Mahoney, P. J., Sweeney, Kane, Staley, Jr., and Main, JJ., concur.