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Shumway v. Kelley

Supreme Court of New York, Fourth Department

September 27, 2013

DAVID SHUMWAY AND CATHY SHUMWAY, PLAINTIFFS-APPELLANTS,
v.
JUSTIN KELLEY, DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Genesee County (John M. Curran, J.), entered March 12, 2012. The order denied the motion of plaintiffs to set aside a jury verdict.

E. ROBERT FUSSELL, P.C., LEROY (E. ROBERT FUSSELL OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (AMANDA L. MACHACEK OF COUNSEL), FOR DEFENDANT-RESPONDENT.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

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


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