Preaster v Biringanine
2021 NY Slip Op 06267 [199 AD3d 1388]
November 12, 2021
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 29, 2021


[*1]
 Michael Preaster, Appellant,
v
Josephine Biringanine et al., Respondents. (Appeal No. 2.)

The Russell Friedman Law Group, LLP, Rochester (Ron F. Wright of counsel), for plaintiff-appellant.

Law Office of Keith D. Miller, Liverpool (Keith D. Miller of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Gerard J. Neri, J.), entered October 7, 2020. The order denied plaintiff's motion insofar as it sought leave to renew plaintiff's opposition to defendants' motion to dismiss the complaint, granted plaintiff's motion insofar as it sought leave to reargue and, upon reargument, adhered to the prior order granting defendants' motion and dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.