Opinion
CA 03-01046.
November 21, 2003.
Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered December 9, 2002, which denied defendant's motion for summary judgment without prejudice with leave to renew at the conclusion of pretrial discovery.
Gibson, McAskill Crosby, LLP, Buffalo (Shamus B. Mulderig of Counsel), for Defendant-Appellant.
Siegel, Kelleher Kahn, Buffalo (Marcie J. Mason of Counsel), for Plaintiff-Respondent.
Before: Present: Pigott, Jr., P.J., Pine, Scudder, Gorski, and Lawton, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.