| Jacobs v Kent |
| 2004 NY Slip Op 09815 [13 AD3d 1236] |
| Decided on December 30, 2004 |
| 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 December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, GORSKI, AND HAYES, JJ.
1444 CA 03-02583
[*1]NEIL P. JACOBS AND LUANNE M. JACOBS, PLAINTIFFS-RESPONDENTS-APPELLANTS, ORDER
v
JAMES KENT, DEFENDANT-APPELLANT-RESPONDENT.
Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Genesee County (Salvatore R. Martoche, J.), entered September 11, 2003. The order and judgment adjudged that defendant is liable for negligently injuring plaintiff Neil P. Jacobs to the extent of 60% of his damages.
BARTH, SULLIVAN & BEHR, LLP, BUFFALO (LAURENCE D. BEHR OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
LACY, KATZEN, RYEN & MITTLEMAN, LLP, ROCHESTER (LARA R. BADAIN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.
It is hereby ORDERED that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court