Opinion
CA 04-02713.
September 30, 2005.
Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered July 6, 2004. The order granted defendant's motion in part and dismissed the action for noncompliance with a previous discovery order.
MELVIN BRESSLER, PITTSFORD, FOR PLAINTIFF-APPELLANT.
EVANS FOX, LLP, ROCHESTER (RICHARD J. EVANS OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Pigott, Jr., P.J., Hurlbutt, Pine and Hayes, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court.