Opinion
CA 03-00357
October 2, 2003.
Appeal from an order of Supreme Court, Erie County (Lane, J.), entered August 30, 2002, which denied defendant's motion for summary judgment dismissing the complaint.
KAMYSZ, O'NEILL, CANTWELL FEELEY, BUFFALO (MICHAEL T. FEELEY OF COUNSEL), FOR DEFENDANT-APPELLANT.
THOMAS THEOPHILOS, BUFFALO, FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, AND LAWTON, JJ.
ORDER
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, Erie County, Lane, J.