Cowan v Stagecoach Group, PLC

2010 NY Slip Op 03617 [72 AD3d 1586]

April 30, 2010

Appellate Division, Fourth Department

As corrected through Wednesday, June 9, 2010

Courtney Cowan et al., Appellants, v Stagecoach Group,PLC, et al., Respondents, et al., Defendants. (Appeal No. 3.)

—[*1]Clark, Gagliardi & Miller, P.C., White Plains (Lawrence T. D'Aloise, Jr., of counsel),for plaintiffs-appellants.

Hiscock & Barclay, LLP, Rochester (Anthony J. Piazza of counsel), fordefendants-respondents.

Appeal from an order of the Supreme Court, Livingston County (Thomas M. Van Strydonck,J.), entered March 24, 2009 in a personal injury action. The order granted the motion ofdefendants Stagecoach Group, PLC, Coach USA, Inc., individually and doing business as CoachCanada, Inc., Trentway-Wagar, Inc., Erie Coach Lines Company, and Ryan A. Comfort anddetermined that the law of Ontario, Canada concerning noneconomic damages applies to thisaction.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Butler v Stagecoach Group, PLC (72 AD3d 1581 [2010]).Present—Scudder, P.J., Martoche, Green and Gorski, JJ.