Opinion
CA 03-00031
October 2, 2003.
Appeal from an order of Supreme Court, Jefferson County (Gilbert, J.), entered July 24, 2002, which denied plaintiff's motion for leave to reargue defendants' prior motion for summary judgment dismissing the complaint.
McMAHON, KUBLICK, McGINTY SMITH, P.C., SYRACUSE (JAN S. KUBLICK OF COUNSEL), FOR PLAINTIFF-APPELLANT.
BARTLETT, PONTIFF, STEWART RHODES, P.C., GLENS FALLS (MALCOLM B. O'HARA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Empire Ins. Co. v. Food City, 167 A.D.2d 983, 984).