Frederick Lee v A & T Auto Parts Inc.
Motion No: 2005-01526 DC
Slip Opinion No: 2007 NYSlipOp 66709(U)
Decided on March 29, 2007
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2005-1526 D C
FREDERICK LEE,

Appellant,

-against-

A & T AUTO PARTS INC.,

Respondent.

DECISION

Motion by appellant seeking, in essence, to vacate order of dismissal is denied without prejudice to renewal upon proper notice and papers.

Absent is an affidavit of service showing service of the motion papers and a sworn affidavit in support of the motion.