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Stubbs v. Capellini

Supreme Court of New York, Fourth Department

July 5, 2013

JOANNE N. STUBBS, PLAINTIFF-APPELLANT,
v.
JOHN A. CAPELLINI, III, RALPH J. FREETLY AND ABF FREIGHT SYSTEM, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered February 21, 2012. The order denied the motion of plaintiff to set aside a jury verdict.

HOGAN WILLIG, PLLC, AMHERST (STEVEN M. COHEN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

SUGARMAN LAW FIRM, LLP, BUFFALO (CARLTON K. BROWNELL, III, OF COUNSEL), FOR DEFENDANT-RESPONDENT JOHN A. CAPELLINI, III.

ANSPACH MEEKS ELLENBERGER LLP, BUFFALO (DAVID M. STILLWELL OF COUNSEL), FOR DEFENDANTS-RESPONDENTS RALPH J. FREETLY AND ABF FREIGHT SYSTEM, INC.

PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Memorandum as in Stubbs v Capellini ([appeal No. 1] ___ A.D.3d ___ [July 5, 2013]).


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