Opinion
CA 03-00420.
December 31, 2003.
Appeal from an order of Supreme Court, Jefferson County (Gilbert, J.), entered November 20, 2002, which denied plaintiff's motion for leave to reargue and/or renew the motion of defendants 81 3 of Watertown, Inc. and Bella Vista Group, Inc. for summary judgment dismissing the amended complaint against them and plaintiff's cross motion for leave to amend the amended complaint to add a cause of action.
BLANK ROME LLP, NEW YORK (JAMES G. GREILSHEIMER OF COUNSEL), AND LAWRENCE S. FELD, FOR PLAINTIFF-APPELLANT.
MELVIN MELVIN, PLLC, SYRACUSE (EDWARD J. SHEATS, JR., OF COUNSEL), FOR DEFENDANT-RESPONDENT WAL-MART STORES, INC.
LAWRENCE C. BROWN, BUFFALO, FOR DEFENDANTS-RESPONDENTS 81 3 OF WATERTOWN, INC. AND BELLA VISTA GROUP, INC.
SUGARMAN LAW FIRM, LLP, SYRACUSE (SANDRA L. HOLIHAN OF COUNSEL), FOR DEFENDANT-RESPONDENT BERNIER, CARR ASSOCIATES, P.C.
Before: PRESENT: PIGOTT, JR., P.J., PINE, WISNER, AND KEHOE, JJ.
ORDER
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 for the reasons stated in decision at Supreme Court, Jefferson County, Gilbert, J.