Opinion
No. CA 07-01338.
February 8, 2008.
Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered September 13, 2006. The order granted the motion of defendant Jacob P. Myles for summary judgment dismissing the complaint against him.
SCHIMMERLING LAW OFFICES, DELHI (THOMAS E. SCHIMMERLING OF COUNSEL), FOR PLAINTIFF-APPELLANT.
WILLIAM R. HITES, BUFFALO, FOR DEFENDANT-RESPONDENT.
Present: Scudder, P.J., Hurlbutt, Gorski, Centra and Pine, JJ.
It is hereby ordered that the order so appealed from is affirmed without costs.
Same memorandum as in Zayatz v Collins ( 48 AD3d 1287).
All concur; Gorski and Pine, JJ., concur in the memorandum insofar as it concerns appeal No. 2 only.