Opinion
CA 03-01338.
Decided June 14, 2004.
Appeal from a judgment of the Supreme Court, Niagara County (Norman E. Joslin, J.H.O.), entered March 13, 2003. The judgment was entered upon an order of that court, which granted plaintiff's motion for leave to reargue and, upon reargument, ordered that plaintiff may take judgment against defendants Black Creek Integrated Systems Corp. and North American Speciality Insurance Co. in the amount of $124,948.80, 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 Matter of Eric D. [appeal No. 1], 162 A.D.2d 1051).