| Brown v Concord Nurseries, Inc. |
| 2008 NY Slip Op 06042 |
| Decided on July 3, 2008 |
| Appellate Division, Fourth Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on July 3, 2008
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.
822 CA 07-01815
[*1]RICHARD BROWN AND KELLY BROWN, PLAINTIFFS-APPELLANTS,
v
CONCORD NURSERIES, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.)
v
CONCORD NURSERIES, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.)
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.
HURWITZ & FINE, P.C., BUFFALO (MICHAEL F. PERLEY OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
HISCOCK & BARCLAY, LLP, ROCHESTER (JOHN WALLACE OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).
Entered: July 3, 2008
JoAnn M. Wahl
Clerk of the Court