Fleming v. Sarva , 813 N.Y.S.2d 683 ( 2006 )

Appeal by the defendants, as limited by their brief, from stated portions of an order of the Supreme Court, Nassau County (Austin, J.), dated November 15, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs, for reasons stated by Justice Austin in the Supreme Court. Goldstein, J.P., Luciano, Rivera and Fisher, JJ., concur. [See 5 Misc 3d 1017(A), 2004 NY Slip Op 51409(U) (2004).]