Pawlaczyk v Jones

2003 NY Slip Op 18583 [1 AD3d 1066]

Decided on November 21, 2003

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.

Decided on November 21, 2003

SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, KEHOE, AND HAYES, JJ.

1218 CA 03-00468

[*1]PAUL J. PAWLACZYK AND MAXINE L. PAWLACZYK, PLAINTIFFS-RESPONDENTS-APPELLANTS, ORDER

v

ALLISON W. JONES AND DOUGLAS T. JONES, DEFENDANTS-APPELLANTS-RESPONDENTS.

Appeal and cross appeal from an order of Supreme Court, Genesee County (Rath, Jr., J.), entered May 31, 2002, which granted plaintiffs' motion to set aside a verdict finding that the accident was not a substantial factor in causing injury to plaintiff Paul J. Pawlaczyk and granted a new trial.


BURGIO, KITA & CURVIN, BUFFALO (WILLIAM J. KITA OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.
ELLIS & KUSTELL, BUFFALO (CARL B. KUSTELL OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 21, 2003JoAnn M. Wahl
Clerk of the Court