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Brian R. Atwater and Melissa J. Atwater v. Thunder Bay Homes

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


December 30, 2009

BRIAN R. ATWATER AND MELISSA J. ATWATER, PLAINTIFFS-RESPONDENTS,
v.
THUNDER BAY HOMES, ET AL.,
DEFENDANTS, RYDER TRUCK RENTAL, INC., ERIC J. CONGER, AND ANDREW FULLER, INDIVIDUALLY AND DOING BUSINESS AS ANDY FULLER TRUCKING OR FULLER TRUCKING,
DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered June 17, 2008 in a personal injury action.

1644

PRESENT: HURLBUTT, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ.

ORDER

The order denied the motion of defendants Ryder Truck Rental, Inc., Eric J. Conger, and Andrew Fuller, individually and doing business as Andy Fuller Trucking or Fuller Trucking, for an order setting aside the jury verdict in favor of plaintiffs on the issue of liability.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for the reasons stated at Supreme Court.

Patricia L. Morgan Clerk of the Court

20091230

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