Opinion
CA 03-01286.
November 21, 2003.
Appeal from an order of Supreme Court, Erie County (Makowski, J.), entered February 3, 2003, which denied plaintiff's motion seeking leave to renew and reargue.
Connors Vilardo, LLP, Buffalo (Lawlor F. Quinlan, III, of Counsel), for Plaintiff-Appellant.
Jaeckle Fleischmann Mugel, LLP, Buffalo (Ralph L. Halpern of Counsel), for Defendant-Respondent.
Before: Present: Green, J.P., Wisner, Scudder, Gorski, and Lawton, 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.