¶1Appeal from an order of Supreme Court, Oneida County (Parker, J.), entered December 12, 2001, which denied defendants’ motion seeking summary judgment dismissing the complaint.
¶2It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs for reasons stated in decision at Supreme Court, Oneida County, Parker, J.
¶3All concur except Scudder and Hayes, JJ., who dissent and vote to reverse in accordance with the following memorandum.