Opinion
CA 05-01115.
February 3, 2006.
Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered December 2, 2004. The order, among other things, directed that, pursuant to CPLR 205 (a), plaintiff's claims may be reasserted or recommenced in a new action by plaintiff or by the bankruptcy trustee for plaintiff within six months from the date of entry of the order.
LAW OFFICES OF JOHN QUACKENBUSH, BUFFALO (H. WARD HAMLIN, JR., OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
CHIACCHIA FLEMING, LLP, HAMBURG (DANIEL J. CHIACCHIA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Scudder, J.P., Kehoe, Martoche, Smith and Pine, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs.
Same memorandum as in Quinn v. Guerra ( 26 AD3d 872).