SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
October 8, 2010
PATRICIA TULLY, PLAINTIFF-APPELLANT,
ANDERSON'S FROZEN CUSTARD, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered August 17, 2009 in a personal injury action. The order granted the motion of defendant for summary judgment and dismissed the complaint.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND PINE, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985).
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