Heltz v Barratt
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Heltz v Barratt
2014 NY Slip Op 02162
Released on March 28, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on March 28, 2014
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.
185 CA 13-01102
[*1]MARY T. HELTZ, PLAINTIFF-APPELLANT,
v
BRUCE S. BARRATT AND ERIE LOGISTICS, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered March 26, 2013 in a personal injury action. The order denied plaintiff's motion for leave to reargue and renew her opposition to defendants' summary judgment motion.
PERSONIUS MELBER LLP, BUFFALO (SCOTT R. HAPEMAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
BARTH SULLIVAN BEHR, BUFFALO (ANDREW J. KOWALEWSKI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.
Released on March 28, 2014
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.
185 CA 13-01102
[*1]MARY T. HELTZ, PLAINTIFF-APPELLANT,
v
BRUCE S. BARRATT AND ERIE LOGISTICS, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered March 26, 2013 in a personal injury action. The order denied plaintiff's motion for leave to reargue and renew her opposition to defendants' summary judgment motion.
PERSONIUS MELBER LLP, BUFFALO (SCOTT R. HAPEMAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
BARTH SULLIVAN BEHR, BUFFALO (ANDREW J. KOWALEWSKI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.
Same Memorandum as in Heltz v Barratt ([appeal No. 1]___ AD3d ___ [Mar. 21, 2014]).
Entered: March 28, 2014
Frances E. Cafarell
Clerk of the Court
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