Opinion
CA 05-00694.
March 23, 2006.
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered March 11, 2005 in a personal injury action. The order denied defendant's motion for leave to renew.
ANSPACH MEEKS ELLENBERGER LLP, BUFFALO (JOHN J. JABLONSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.
COLLINS, COLLINS DONOGHUE, P.C., BUFFALO (PATRICK J. DONOGHUE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: 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.
Same memorandum as in McCabe v. CSX Transp. ( 27 AD3d 1150).