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Leonard v. Thompson & Johnson Equipment Co.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 20, 2009

MARY E. LEONARD, ESQ., BANKRUPTCY TRUSTEE IN REGARDS TO THE ESTATE OF SAMUEL VANHORN AND ELLEN VANHORN, BANKRUPTCY CASE NO. 04-65584, UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF NEW YORK, PLAINTIFF-RESPONDENT,
v.
THOMPSON & JOHNSON EQUIPMENT CO., INC., AND CLARK EQUIPMENT COMPANY, DOING BUSINESS AS MELROE COMPANY, DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)

Appeals from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered July 16, 2008 in a personal injury action. The order, insofar as appealed from, denied that part of the motion of defendant Thompson & Johnson Equipment Co., Inc., for judgment notwithstanding the verdict and denied the motion of defendant Clark Equipment Company, doing business as Melroe Company, for judgment notwithstanding the verdict or, in the alternative, for a new trial.

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: MARTOCHE, J.P., FAHEY, GREEN, AND PINE, JJ.

It is hereby ORDERED that said appeals are unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).

20090320

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