Davidson v Straight Line Contrs., Inc.
2010 NY Slip Op 06051 [75 AD3d 1145]
July 9, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 1, 2010


Peter G. Davidson et al., Respondents, v Straight Line Contractors, Inc., Respondent, and Karla Gerrie, Appellant, et al., Defendant. (Appeal No. 2.)

—[*1] Woods Oviatt Gilman LLP, Rochester (Robert S. Attardo of counsel), for defendant-appellant.

Hodgson Russ LLP, Buffalo (Kyle C. Reeb of counsel), for plaintiffs-respondents.

The Law Firm of Janice M. Iati, P.C., Rochester (Janice M. Iati of counsel), for defendant-respondent.

Appeal from an amended order of the Supreme Court, Monroe County (David Michael Barry, J.), entered July 17, 2009. The amended order denied the motion of defendant Karla Gerrie for leave to reargue and vacatur of the default judgment entered against her.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Davidson v Straight Line Contrs., Inc. (75 AD3d 1143 [2010] [decided herewith]). Present—Centra, J.P., Fahey, Peradotto, Lindley and Pine, JJ.