Heltz v Barratt
2014 NY Slip Op 02162 [115 AD3d 1302]
March 28, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 30, 2014


Mary T. Heltz, Appellant, v Bruce S. Barratt et al., Respondents. (Appeal No. 2.)

—[*1] Personius Melber LLP, Buffalo (Scott R. Hapeman of counsel), for plaintiff-appellant.

Barth Sullivan Behr, Buffalo (Andrew J. Kowalewski of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered March 26, 2013 in a personal injury action. The order denied plaintiff's motion for leave to reargue and renew her opposition to defendants' summary judgment motion.

It is hereby ordered that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in Heltz v Barratt (115 AD3d 1298 [2014]). Present—Centra, J.P., Peradotto, Lindley, Sconiers and Whalen, JJ.