Sperry v. Papastamos (195 A.D.2d 1034, 1993)

Appeal from order insofar as it denied reargument unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984) and order otherwise modified on the law and as modified affirmed in accordance with same Memorandum as in Sperry v Papastamos ([appeal No. 1] 195 AD2d 1031 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.— Renewal.) Present—Denman, P. J., Pine, Lawton, Boomer and Davis, JJ.