Opinion
CA 03-00895.
November 21, 2003.
Appeal from an order of Supreme Court, Erie County (Sedita, Jr., J.), entered September 20, 2002, which granted the motion of defendant Vivacqua Co., Inc. for summary judgment and dismissed the complaint against it.
Hodgson Russ LLP, Buffalo (Hugh M. Russ, III, of Counsel), for Plaintiff-Appellant.
Lustig Brown, LLP, Buffalo (David J. Sleight of Counsel), for Defendant-Respondent.
Before: Present: Pigott, Jr., P.J., Pine, Scudder, 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 the reasons stated in decision at Supreme Court, Erie County, Sedita, Jr., J.