Smalley v Harley-Davidson Motor Co., Inc.
2011 NY Slip Op 02246 [82 AD3d 1662]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


David Smalley et al., Respondents, v Harley-Davidson Motor Company, Inc., et al., Appellants.

—[*1] Quarles & Brady LLP, Milwaukee, Wisconsin (Lars E. Gulbrandsen, of the Wisconsin bar, admitted pro hac vice, of counsel) and Harter Secrest & Emery LLP, Rochester, for defendants-appellants.

Laduca Law Firm, LLP, Rochester (Michael Steinberg of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered July 29, 2010. The order, insofar as appealed from, granted the cross motion of plaintiffs for leave to amend the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.