Smolen v Kmart, Inc. (2003 NY Slip Op 20235)

Smolen v Kmart, Inc.

2003 NY Slip Op 20235 [2 AD3d 1438]

December 31, 2003

Appellate Division, Fourth Department

As corrected through

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 25, 2004

Piotr Smolen et al., Appellants,
v
Kmart, Inc., et al., Respondents. (Appeal No. 1.)

—Appeal from an order of Supreme Court, Erie County (Whelan, J.), entered July 10, 2001, which denied plaintiffs' motion to reconsider granting a directed verdict in favor of defendants.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hutchings v Hutchings, 155 AD2d 973 [1989]). Present—Green, J.P., Hurlbutt, Scudder, Kehoe and Hayes, JJ.