Garris v K-Mart, Inc. (2007 NY Slip Op 00779)

Garris v K-Mart, Inc.

2007 NY Slip Op 00779 [37 AD3d 1064]

February 2, 2007

Appellate Division, Fourth Department

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

As corrected through Wednesday, April 11, 2007

Ida M. Garris et al., Appellants, v K-Mart, Inc., Respondent. (Appeal No. 1.)

—[*1] Brown Chiari LLP, Lancaster (Michael R. Drumm of counsel), for plaintiffs-appellants.

Cohen & Lombardo, P.C., Buffalo (James J. Nash of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (James B. Kane, J.H.O.), entered March 14, 2001. The order denied plaintiffs' motion to set aside the verdict and for a directed verdict on liability and a new trial on damages only or, alternatively, a new trial on liability and damages.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Gorski, J.P., Fahey, Peradotto, Green and Pine, JJ.