Urban v B.R. Guest, Inc. (2007 NY Slip Op 08687)

Urban v B.R. Guest, Inc.

2007 NY Slip Op 08687 [45 AD3d 1417]

November 9, 2007

Appellate Division, Fourth Department

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

As corrected through Wednesday, January 16, 2008

Howard Urban, Appellant, v B.R. Guest, Inc., Also Known as B.R. Guest, Ltd., et al., Respondents. (Appeal No. 2.)

—[*1] Goldberg Segalla LLP, Buffalo (Jeffrey A. Carlino of counsel), for plaintiff-appellant.

Walsh, Roberts & Grace, Buffalo (Keith N. Bond of counsel), for defendants-respondents.

Appeal from a supplemental order of the Supreme Court, Erie County (John A. Michalek, J.), entered April 3, 2006. The supplemental order awarded preverdict interest at the rate of 4% per annum on the damages awarded to plaintiff after a nonjury trial.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977 [1989]). Present—Hurlbutt, J.P., Centra, Lunn, Fahey and Pine, JJ.