Opinion
No. CA 09-02388.
October 8, 2010.
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered August 17, 2009 in a personal injury action. The order granted the motion of defendant for summary judgment and dismissed the complaint.
HOGAN WILLIG, GETZVILLE (JOHN LICATA OF COUNSEL), FOR PLAINTIFF-APPELLANT.
COLUCCI GALLAHER, P.C., BUFFALO (TODD BUSHWAY OF COUNSEL), FOR DEFENDANT-RESPONDEN.
Present — Smith, J.P., Peradotto, Lindley, Sconiers and Pine, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see Loafin' Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985).