Edwards v Erie Coach Lines Co.

2010 NY Slip Op 03625 [72 AD3d 1589]

April 30, 2010

Appellate Division, Fourth Department

As corrected through Wednesday, June 9, 2010

Sheila Elizabeth Edwards, Individually, as Executrix of Richard F.Edwards, Deceased, and as Administratrix of the Estate of Brian Edwards, Deceased, et al.,Appellants, v Erie Coach Lines Company et al., Defendants, and J&J Trucking et al.,Respondents. (Appeal No. 11.)

—[*1]Seeger Weiss LLP, New York City (Terri Anne Benedetto of counsel), forplaintiffs-appellants.

Culley, Marks, Tanenbaum & Pezzulo, LLP, Rochester (Glenn E. Pezzulo of counsel), fordefendants-respondents.

Appeal from an order of the Supreme Court, Livingston County (Thomas M. Van Strydonck,J.), entered March 24, 2009 in an action for personal injury and wrongful death. The ordergranted the motion of defendants J&J Trucking, J&J Hauling, Inc., Joseph R. French and PamelaZeiset, as administratrix of the estate of Ernest D. Zeiset, Jr., deceased, and determined that thelaw of Ontario, Canada concerning noneconomic damages applies to this action.

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.