Mercury Cas. Co. v Reyes
2017 NY Slip Op 03377 [149 AD3d 1588]
April 28, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 31, 2017


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 Mercury Casualty Company, as Subrogee of Randy Lee Dolan, Appellant, v Luis F. Reyes, Respondent.

The Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for plaintiff-appellant.

Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (John R. Condren of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered June 14, 2016. The order denied plaintiff's motion to vacate that portion of a prior order of the court, granted on May 3, 2016, that awarded defendant costs and attorneys' fees from the plaintiff in the amount of $1,215.00.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Peradotto, J.P., Carni, Lindley, Troutman and Scudder, JJ.