Aquavella v. Viola

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered June 7, 2006. The order denied plaintiffs’ motion for partial summary judgment and granted defendant’s motion for summary judgment.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Scudder, P.J., Smith, Fahey, Peradotto and Pine, JJ.