Davidson v Coach USA, Inc.

2010 NY Slip Op 05124 [74 AD3d 1813]

June 11, 2010

Appellate Division, Fourth Department

As corrected through Wednesday, August 25, 2010

Lauralee Davidson, Appellant, v Coach USA, Inc., et al.,Respondents, et al., Defendants. (Appeal No. 3.)

—[*1]Kelly & Leonard, L.L.P., Ballston Spa (Lawrence D'Aloise of counsel), forplaintiff-appellant.

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. The order granted the motion of defendants Coach USA, Inc.,Coach Canada, Inc., Erie Coach Lines Company, individually and doing business as CoachCanada, Inc., Trentway-Wagar, Inc., individually and doing business as Coach Canada, Inc.,Trentway-Wagar (Properties) Inc., and Ryan A. Comfort and determined that the law 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(see Butler v Stagecoach Group,PLC, 72 AD3d 1581 [2010]). Present—Scudder, P.J., Peradotto, Carni andSconiers, JJ.