Opinion
CA 03-01393.
December 31, 2003.
Appeal from an order of Supreme Court, Erie County (Lane, J.), entered October 10, 2002, which denied defendant's motion for summary judgment dismissing the complaint.
GOLDBERG SEGALLA LLP, BUFFALO (PAUL D. McCORMICK OF COUNSEL), FOR DEFENDANT-APPELLANT.
NANCY E. HOFFMAN, ALBANY (TIMOTHY CONNICK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, KEHOE, AND GORSKI, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.