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WEAVER v. DeRONDE TIRE SUPPLY, INC.

766 CA 21-01545.

211 A.D.3d 1503 (2022)

182 N.Y.S.3d 431

2022 NY Slip Op 07328

Ryan Weaver, Respondent, v. DeRonde Tire Supply, Inc., et al., Defendants, and Estes Express Lines, Appellant.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

NASH CONNORS, P.C., BUFFALO ( ANDREW J. KOWALEWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.

DAVID W. POLAK ATTORNEY AT LAW, P.C., WEST SENECA ( DAVID W. POLAK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., NeMoyer, Curran, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered October 20, 2021. The order, insofar as appealed from, granted the motion of plaintiff for leave to reargue his opposition to the motion of defendant Estes Express Lines for summary judgment and, upon reargument, denied the motion of defendant Estes Express Lines for summary judgment dismissing the complaint and cross claims against it.

It is hereby ordered that the order so appealed...

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