Caldwell v. Malone

— Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered September 26, 2002, which granted plaintiff’s motion for leave to renew and reargue defendants’ motion for summary judgment dismissing the complaint and, upon renewal/reargument, denied defendants’ motion.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting defendants’ motion and dismissing the complaint and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries that she allegedly…