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Roach v. Coach USA

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


June 11, 2010

MICHAEL ROACH, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CATHERINE ROACH, DECEASED, ERIN K. ROACH, STEPHEN M. ROACH AND CHRISTOPHER D. ROACH, PLAINTIFFS-APPELLANTS,
v.
COACH USA, INC., ET AL., DEFENDANTS, J & J HAULING, INC. AND THE ESTATE OF ERNEST D. ZEISET, JR., DECEASED, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

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 J & J Hauling, Inc. and the Estate of Ernest D. Zeiset, Jr., deceased, and determined that the law of Ontario, Canada concerning non-economic damages applies to this action.

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: SCUDDER, P.J., PERADOTTO, CARNI, AND SCONIERS, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see Butler v Stagecoach Group, PLC, 72 AD3d 1581).

20100611

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