SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 15, 2012
KENNETH M. SCHLAU, JR., PLAINTIFF-APPELLANT,
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
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