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WYNN, JR. v. AC ROCHESTER

4 A.D.3d 856 (2004)

771 N.Y.S.2d 409

JAMES I. WYNN, JR., Appellant, v. AC ROCHESTER et al., Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 11, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (see also Wynn v AC Rochester, 273 F.3d 153, 156-157 [2001]). We add only that, by granting defendants' motion for summary judgment dismissing the complaint, the court in effect denied plaintiff's motion for additional discovery....

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