Opinion
CA 02-02666
July 3, 2003.
Appeal from an order of Supreme Court, Erie County (Whelan, J.), entered November 19, 2002, which denied plaintiff's motion for reargument.
JOHN J. FROMEN, JR., BUFFALO (EDWARD J. MARKARIAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
PHILLIPS, LYTLE, HITCHCOCK, BLAINE HUBER LLP, BUFFALO (PRESTON L. ZARLOCK OF COUNSEL), FOR DEFENDANTS-RESPONDENTS BROWNING-FERRIS INDUSTRIES, INC., ALSO KNOWN AS BROWNING-FERRIS INDUSTRIES-NIAGARA DISTRICT, AND NIAGARA SANITATION COMPANY, INC.
SMITH, MURPHY SCHOEPPERLE, LLP, BUFFALO (DENNIS P. MESCALL OF COUNSEL), FOR DEFENDANTS-RESPONDENTS NIAGARA STREET REALTY, INC., DOING BUSINESS AS NAPLES ROOFING AND SHEET METAL, NAPLES ROOFING, INC., JAMES NAPLES, DOING BUSINESS AS NAPLES FLAT ROOFING AND SHEET METAL, AND JAMES NAPLES, ROBERT NAPLES, AND DANA NAPLES, DOING BUSINESS AS NAPLES ROOFING.
PRESENT: PINE, J.P., HURLBUTT, SCUDDER, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs.
Same Memorandum as in Carpenter v. Browning-Ferris Indus. ([appeal No. 1] 307 A.D.2d 713 [July 3, 2003]).