Opinion
CA 02-02614
October 2, 2003.
Appeal from an order of Supreme Court, Monroe County (Barry, J.), entered September 19, 2002, which denied defendants' motion seeking leave to reargue.
WARD NORRIS HELLER REIDY LLP, ROCHESTER (HAROLD A. KURLAND OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
CROUCHER JONES AND JOHNS, CANANDAIGUA (DAVID A. JOHNS OF COUNSEL), AND RICHARD G. VOGT, PC, ROCHESTER FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, AND KEHOE, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Empire Ins. Co. v. Food City, 167 A.D.2d 983, 984).