Brown v Concord Nurseries, Inc. (2007 NY Slip Op 00796)

Brown v Concord Nurseries, Inc.

2007 NY Slip Op 00796 [37 AD3d 1077]

February 2, 2007

Appellate Division, Fourth Department

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

As corrected through Wednesday, April 11, 2007

Richard Brown et al., Respondents, v Concord Nurseries, Inc., Appellant. (Appeal No. 2.)

—[*1] Law Offices of John Quackenbush, Buffalo (John Wallace of counsel), for defendant-appellant.

Hurwitz & Fine, P.C., Buffalo (Michael F. Perley of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered May 16, 2006 in a personal injury action. The order denied defendant's motion for leave to reargue.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]). Present—Hurlbutt, J.P., Gorski, Lunn, Peradotto and Green, JJ.