Po-chedley v Bfi Waste Sys. of N. Am., Inc.
2005 NY Slip Op 02140 [16 AD3d 1181]
Decided on March 18, 2005
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 March 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, MARTOCHE, AND LAWTON, JJ.

352 CA 04-02650

[*1]DONALD S. PO-CHEDLEY AND CHRISTINE A. AYRES, PLAINTIFFS-RESPONDENTS, ORDER

v

BFI WASTE SYSTEMS OF NORTH AMERICA, INC., DEFENDANT-APPELLANT.



Appeal from a judgment of the Supreme Court, Erie County (Donna M. Siwek, J.), entered August 23, 2004. The judgment, upon a jury verdict, adjudged that defendant was negligent and that said negligence was a substantial cause of the accident.


JAECKLE FLEISCHMANN & MUGEL, LLP, BUFFALO (DAVID G. BROCK OF COUNSEL), FOR DEFENDANT-APPELLANT.
HURWITZ & FINE, P.C., BUFFALO (MICHAEL F. PERLEY OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court