Opinion
CA 04-00266.
November 19, 2004.
Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered November 6, 2003. The order granted plaintiff's motion for summary judgment and awarded plaintiff judgment against defendant in the amount of $52,187 plus accrued interest.
Before: Pigott, Jr., P.J., Hurlbutt, Gorski and Lawton, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see Hughes v. Nussbaumer, Clarke Velzy, 140 AD2d 988; Chase Manhattan Bank v. Roberts Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).