Opinion
CA 03-01336.
Decided June 14, 2004.
Appeal from an order of the Supreme Court, Niagara County (Norman E. Joslin, J.H.O.), entered December 17, 2002. The order granted plaintiff's motion to the extent of providing that plaintiff may take judgment against defendants Black Creek Integrated Systems Corp. and North American Specialty Insurance Co. in the amount of $123,009.60, plus interest, costs and disbursements.
PHILLIPS LYTLE LLP, BUFFALO (JAMES W. SMYTON OF COUNSEL), FOR PLAINTIFF-APPELLANT.
GETMAN BIRYLA, LLP, BUFFALO (LAWRENCE A. SCHULZ OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Before: PRESENT: GREEN, J.P., PINE, SCUDDER, MARTOCHE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985).