Opinion
CA 03-00736.
December 31, 2003.
Appeal from that part of an order of Supreme Court, Erie County (Marshall, J.), entered November 19, 2002, that granted plaintiff's motion for partial summary judgment against defendant John A. Monahan on the issue of liability.
NICHOLAS KONST, LACKAWANNA, FOR DEFENDANT-APPELLANT.
GETMAN BIRYLA, LLP, BUFFALO (SETH L. HIBBERT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PINE, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Hughes v. Nussbaumer, Clarke Velzy, 140 A.D.2d 988; Chase Manhattan Bank v. Roberts Roberts, 63 A.D.2d 566, 567; see also CPLR 5501 [a] [1]).