Brown v. Concord Nurseries, Inc. (37 A.D.3d 1077, 2007)

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J), entered May 16, 2006 in a personal injury action. The order denied defendant’s motion for leave to reargue.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]). Present—Hurlbutt, J.P, Gorski, Lunn, Peradotto and Green, JJ.