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Kenneth M. Schlau, Jr., Plaintiff-Appellant v. City of Buffalo

June 15, 2012

KENNETH M. SCHLAU, JR., PLAINTIFF-APPELLANT,
v.
CITY OF BUFFALO, ET AL., DEFENDANTS, AND FREY ELECTRIC CONSTRUCTION CO., INC., DEFENDANT-RESPONDENT. (APPEAL NO. 2.)



Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered October 7, 2011 in a personal injury action.

Schlau v City of Buffalo

Decided on June 15, 2012

Appellate Division, Fourth Department

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., FAHEY, PERADOTTO, SCONIERS, AND MARTOCHE, JJ.

The order, among other things, denied plaintiff's motion for leave to reargue his opposition to the summary judgment motion of defendant Frey Electric Construction Co., Inc.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984).

Entered: June 15, 2012

Frances E. Cafarell Clerk of the Court

20120615

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