Witt v. Merrill

*999Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 24, 2004. The order granted plaintiffs motion for leave to reargue.

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

Memorandum: Plaintiff appeals from an order granting her motion for leave to reargue and, upon reargument, adhering to the prior decision granting the motion of William H. Merrill, Jr. (defendant) for summary judgment dismissing the complaint against him as time-barred (see CPLR 214 [4]). Plaintiff commenced this action…