Opinion
CA 02-01852
October 9, 2003.
Appeal from a judgment of Supreme Court, Erie County (O'Donnell, J.), entered June 11, 2002, which upon a jury verdict awarded plaintiff money damages against defendant Volney R. Spencer.
CHELUS, HERDZIK, SPEYER, MONTE PAJAK, P.C., BUFFALO (ARTHUR A. HERDZIK OF COUNSEL), FOR DEFENDANT-APPELLANT.
MISERENDINO, CELNIKER, SEEGERT ESTOFF, P.C., BUFFALO (JOY ELLEN MISERENDINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, SCUDDER, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Same Memorandum as in Beeley v. Spencer ([appeal No. 5] 309 A.D.2d 1303 [Oct. 9, 2003]).