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Michael Mcaleer and Kristi Mcaleer, Plaintiffs-Appellants v. Charles G. Quill

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


September 28, 2012

MICHAEL MCALEER AND KRISTI MCALEER, PLAINTIFFS-APPELLANTS,
v.
CHARLES G. QUILL, JR. AND CHARLES G. QUILL, DOING BUSINESS AS ROYAL PHEASANT
SUPPER CLUB, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

McAleer v Quill

Decided on September 28, 2012

Appellate Division, Fourth Department

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., SMITH, CENTRA, LINDLEY, AND MARTOCHE, JJ.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered January 25, 2011 in a personal injury action. The order denied plaintiffs' motion for an order setting aside the jury verdict and granting a new trial.

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

Entered: September 28, 2012

Frances E. Cafarell Clerk of the Court

20120928

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