Opinion
CA 03-00961.
December 5, 2003.
Appeal from an order of Supreme Court, Erie County (Howe, J.), entered January 27, 2003, which denied appellants' motion for leave to reargue, renew and modify and for a protective order.
Ellis Kustell, Buffalo (Carl B. Kustell of Counsel), for appellants and plaintiffs-appellants.
Law office of Walter R. Pacer, JR., Buffalo (James D. Schultz, JR., of Counsel), for defendant-respondent and third-party plaintiff-respondent Quality Vacuum forming Machine Company, Inc.
Damon Morey LLP, Buffalo (Michael J. WIllett of Counsel), For third-party defendant-respondent and defendant-respondent foamex International, INC. and Defendants-Respondents recticel foam Corporation, Foamex, L.P., and david zawierucha.
Before: PRESENT: PINE, J.P., WISNER, KEHOE, GORSKI, AND LAWTON, JJ.
It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue be and the same hereby is unanimously dismissed ( see Empire Ins. Co. v. Food City, 167 A.D.2d 983, 984) and the order is affirmed without costs.