Opinion
2013-07-5
Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered October 3, 2012. The order, among other things, denied defendant's motion to amend its answer. Burgio, Kita & Curvin, Buffalo (Steven P. Curvin of Counsel), for Defendant–Appellant. Law Offices of James Morris, Buffalo (Willard M. Pottle, Jr., of Counsel), for Plaintiffs–Respondents.
Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered October 3, 2012. The order, among other things, denied defendant's motion to amend its answer.
Burgio, Kita & Curvin, Buffalo (Steven P. Curvin of Counsel), for Defendant–Appellant. Law Offices of James Morris, Buffalo (Willard M. Pottle, Jr., of Counsel), for Plaintiffs–Respondents.
It is hereby ORDERED that said appeal is unanimously dismissed without costs ( see Hughes v. Nussbaumer, Clarke & Velzy, 140 A.D.2d 988, 529 N.Y.S.2d 658;Chase Manhattan Bank, N.A. v. Roberts & Roberts, 63 A.D.2d 566, 567, 404 N.Y.S.2d 608;see alsoCPLR 5501[a][1] ).