Lahren v Boehmer Transp. Corp.
2008 NY Slip Op 02252 [49 AD3d 1189]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


LeeAnn Lahren et al., Appellants, v Boehmer Transportation Corp. et al., Respondents. (Appeal No. 2.)

—[*1] Phillips Lytle LLP, Buffalo (William D. Christ of counsel), for plaintiffs-appellants.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (R. Anthony Rupp, III, of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered May 24, 2006 in a personal injury action. The order, insofar as appealed from, adjudged that $71,106.49 be offset from the jury's award for future medical expenses.

It is hereby ordered that said appeal is unanimously dismissed without costs (see CPLR 5501 [a] [1]). Present—Hurlbutt, J.P., Smith, Centra, Lunn and Fahey, JJ.