Conway Beam Leasing, Inc. v Shermar, Inc.
2010 NY Slip Op 01113 [70 AD3d 1337]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


Conway Beam Leasing, Inc., Respondent, v Shermar, Inc., Appellant.

—[*1] Ann W. Manion, Utica, for defendant-appellant.

Kenneth D. Licht, Rochester (Keith E. O'Toole of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered April 28, 2008. The order denied the motion of defendant Shermar, Inc. seeking leave to reargue its opposition to plaintiff's motion for summary judgment.

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