Opinion
CA 05-02044.
July 7, 2006.
Appeal from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered April 13, 2005 in a personal injury action. The order granted defendant's motion for summary judgment dismissing the complaint.
Present-Hurlbutt, J.P., Gorski, Martoche, Smith and Hayes, JJ.
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 AD2d 985).