Opinion
No. CA 06-03505.
June 6, 2008.
Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered October 31, 2006 in a personal injury action. The order, insofar as appealed from, granted in part defendants' motion for partial summary judgment and denied plaintiff's cross motion for partial summary judgment.
MARK R. UBA, WILLIAMSVILLE, AND CELLINO BARNES, P.C., BUFFALO, FOR PLAINTIFF-APPELLANT.
HURWITZ FINE, P.C., BUFFALO (HARRY F. MOONEY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Present: Scudder, P.J., Smith, Centra, Peradotto and Pine, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see Hughes v Nussbaumer, Clarke Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).