Opinion
CA 02-02311
March 21, 2003.
Appeal from those parts of an order and judgment (one document) of Supreme Court, Erie County (Rath, Jr., J.), entered March 1, 2002, which, inter alia, granted defendant leave to serve an amended answer.
SHATKIN SHATKIN, BUFFALO (MARC SHATKIN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
BROWN KELLY, LLP, BUFFALO (JOSEPH M. SCHNITTER OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.
ORDER
It is hereby ORDERED that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court, Erie County, Rath, Jr., J. (see Normile v. Allstate Ins. Co., 87 A.D.2d 721, affd 60 N.Y.2d 1003 for reasons stated below, mot to amend remittitur granted on other grounds 61 N.Y.2d 902, 906).