Gadley v. U.S. Sugar Co. , 689 N.Y.S.2d 875 ( 1999 )

Appeal from order insofar as it denied reargument unanimously dismissed (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984) and order affirmed without costs. Same Memorandum as in Gadley v U.S. Sugar Co. (259 AD2d 1041 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Whelan, J. — Summary Judgment.) Present — Denman, P. J., Green, Pine, Hayes and Húrlbutt, JJ.