Opinion
2013-12-31
Reported below, 112 A.D.3d 1138, 976 N.Y.S.2d 710.
Motion for leave to appeal denied. The Court of Appeals restates the rule that denial of a motion for leave to appeal is not equivalent to an affirmance and has no precedential value ( see Matter of Marchant v. Mead–Morrison Mfg. Co., 252 N.Y. 284, 297–298, 169 N.E. 386 [1929] [Cardozo, Ch. J.] ).