Opinion
CA 01-01931
June 14, 2002.
Appeal from an order of Supreme Court, Erie County (NeMoyer, J.), entered December 28, 2000, which denied defendant's motion for summary judgment.
LAW OFFICE OF ROY A. MURA, BUFFALO (JAMES M. DE VOY OF COUNSEL), FOR DEFENDANT-APPELLANT.
WALSH, ROBERTS GRACE, BUFFALO (JAMES R. WALSH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
PRESENT: PIGOTT, JR., P.J., PINE, HAYES, WISNER, AND HURLBUTT, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985).