Bartel v. Lima (204 A.D.2d 1064, 1994)

—Appeal unanimously dismissed without costs (see, Matter of Neuner v Weyant, 63 AD2d 290, 297, appeal dismissed 48 NY2d 975). (Appeal from Order of Supreme Court, Erie County, Flaherty, J. —Summary Judgment.) Present—Denman, P. J., Green, Balio, Wesley and Davis, JJ.