MERCURY CASUALTY COMPANY v. REYES, LUIS F.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 16-01553 PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, TROUTMAN, AND SCUDDER, JJ.

MERCURY CASUALTY COMPANY, AS SUBROGEE OF RANDY LEE DOLAN, PLAINTIFF-APPELLANT, V ORDER LUIS F. REYES, DEFENDANT-RESPONDENT.

THE LAW OFFICE OF JASON TENENBAUM, P.C., GARDEN CITY (JASON TENENBAUM OF COUNSEL), FOR PLAINTIFF-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (JOHN R. CONDREN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (E.

Jeannette Ogden, J.), entered June 14, 2016. The order denied plaintiff’s motion to vacate that portion of a prior order of the court, granted on May 3, 2016, that awarded defendant costs and attorneys’ fees from the plaintiff in the amount of $1,215.00.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: April 28, 2017 Frances E. Cafarell Clerk of the Court