Opinion
CA 03-00333.
November 21, 2003.
Appeal from a judgment and order (one document) of Supreme Court, Herkimer County (Daley, J.), entered April 9, 2002, which granted defendant's motion for summary judgment dismissing the complaint.
Michael A. Castle, Herkimer (Scott H. Oberman of Counsel), for Plaintiff-Appellant.
Tackel Varachi, LLP, White Plains (Martin S. Tackel of Counsel), for Defendant-Respondent.
Before: Present: Green, J.P., Wisner, Hurlbutt, Kehoe, and Hayes, JJ.
ORDER
It is hereby ORDERED that the judgment and order so appealed from be and the same hereby is unanimously affirmed without costs.