Martin v Witkowski
2017 NY Slip Op 09015 [156 AD3d 1429]
December 22, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 7, 2018


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 Antoine Martin, II, Appellant, v Walter Witkowski, Respondent. Deborah A. Putnam, as Administratrix of the Estate of Walter Witkowski, Sr., Deceased, Respondent. (Appeal No. 2.)

Vinal & Vinal, P.C., Buffalo (Jeanne M. Vinal of counsel), for plaintiff-appellant.

Nash Connors, P.C., Buffalo (James J. Nash of counsel), for defendant-respondent.

Law Offices of Gialleonardo & Hartford, Getzville (Jennifer V. Schiffmacher of counsel), for respondent.

Appeal from an order of the Supreme Court, Erie County (Thomas P. Franczyk, A.J.), entered April 14, 2014. The order, among other things, denied the motion of plaintiff seeking leave to renew and reargue his opposition to defendant's motion to dismiss the complaint and seeking leave to amend the complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Abasciano v Dandrea, 83 AD3d 1542, 1545 [4th Dept 2011]). Present—Whalen, P.J., Centra, DeJoseph, NeMoyer and Winslow, JJ. [Prior Case History: 2014 NY Slip Op 33908(U).]