| Ellis v Borzilleri |
| 2007 NY Slip Op 04911 [41 AD3d 1172] |
| June 8, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Roger C. Ellis et al., Appellants-Respondents, v Lori Ann Borzilleri, Respondent-Appellant, and Jason M. Hazard et al., Respondents, et al., Defendant. (Appeal No. 2.) |
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Bouvier Partnership, LLP, Buffalo (Joshua P. Rubin of counsel), for defendant-respondent-appellant.
Hagelin Kent LLC, Buffalo (Michael T. Hagelin of counsel), for defendant-respondent Jason M. Hazard. Phillips Lytle LLP, Buffalo (Joanna Dickinson of counsel), for defendant-respondent Ford Motor Credit Company.
Appeal and cross appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered July 25, 2006 in a personal injury action. The order, among other things, denied plaintiffs' motion for an order setting aside the verdict with respect to defendants Jason M. Hazard and Ford Motor Credit Company, granting judgment as a matter of law against them and directing the apportionment of liability at the trial on damages.
It is hereby ordered that said appeal and cross appeal be and the same hereby are 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—Scudder, P.J., Hurlbutt, Green and Pine, JJ.