| Sparks v Essex Homes of Wny, Inc. |
| 2005 NY Slip Op 07220 [21 AD3d 1441] |
| Decided on September 30, 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 September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: KEHOE, J.P., GORSKI, MARTOCHE, SMITH, AND HAYES, JJ.
1178 CA 05-00594
[*1]DAVID A. SPARKS, PLAINTIFF-RESPONDENT, ORDER
v
ESSEX HOMES OF WNY, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANT.
Appeal from a judgment of the Supreme Court, Niagara County (Vincent E. Doyle, J.), entered July 6, 2004 in a personal injury action. The judgment, after a nonjury trial, awarded $4,633,932.89 in favor of plaintiff and against defendant Essex Homes of WNY, Inc.
HURWITZ & FINE, P.C., BUFFALO (SCOTT C. BILLMAN OF COUNSEL), AND SMITH & LA QUERCIA, LLP, NEW YORK, FOR DEFENDANT-APPELLANT.
SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (STEVEN WARD WILLIAMS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: September 30, 2005
JoAnn M. Wahl
Clerk of the Court