Schlau v City of Buffalo
2012 NY Slip Op 04879 [96 AD3d 1590]
June 15, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


Kenneth M. Schlau, Jr., Appellant, v City of Buffalo et al., Defendants, and Frey Electric Construction Co., Inc., Respondent. (Appeal No. 2.)

—[*1] Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiff-appellant. Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (Kimberly A. Georger of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered October 7, 2011 in a personal injury action. The order, among other things, denied plaintiff's motion for leave to reargue his opposition to the summary judgment motion of defendant Frey Electric Construction Co., Inc.

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., Fahey, Peradotto, Sconiers and Martoche, JJ.