Brown v Concord Nurseries, Inc. (2008 NY Slip Op 06042)

Brown v Concord Nurseries, Inc.

2008 NY Slip Op 06042 [53 AD3d 1067]

July 3, 2008

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, September 3, 2008

Richard Brown et al., Appellants, v Concord Nurseries, Inc., Respondent. (Appeal No. 1.)

—[*1] Hurwitz & Fine, P.C., Buffalo (Michael F. Perley of counsel), for plaintiffs-appellants.

Hiscock & Barclay, LLP, Rochester (John Wallace of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered June 13, 2007 in a personal injury action. The order denied the motion of plaintiffs to set aside a jury verdict and for a verdict in their favor or, in the alternative, a new trial.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Smith, J.P., Centra, Fahey, Peradotto and Pine, JJ.