Torres v No. 6 Blow Press

2003 NY Slip Op 18629 [1 AD3d 1066]

Decided on November 21, 2003

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 21, 2003

SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., PINE, SCUDDER, GORSKI, AND LAWTON, JJ.

1270 CA 03-01046

[*1]TEVITO TORRES, PLAINTIFF-RESPONDENT, ORDER

v

NO. 6 BLOW PRESS LTD., DEFENDANT-APPELLANT.

Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered December 9, 2002, which denied defendant's motion for summary judgment without prejudice with leave to renew at the conclusion of pretrial discovery.


GIBSON, MC ASKILL & CROSBY, LLP, BUFFALO (SHAMUS B. MULDERIG OF COUNSEL), FOR DEFENDANT-APPELLANT.
SIEGEL, KELLEHER & KAHN, BUFFALO (MARCIE J. MASON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court