Bissell v Town of Amherst
2008 NY Slip Op 08793 [56 AD3d 1148]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Peter E. Bissell et al., Respondents, v Town of Amherst, Appellant and Third-Party Plaintiff-Respondent. McGonigle & Hilger Roofing Company, Third-Party Defendant-Appellant. (Appeal No. 2.)

—[*1] DeMarie & Schoenborn, P.C., Buffalo (Joseph DeMarie of counsel), for defendant-appellant and third-party plaintiff-respondent.

Baxter, Smith, Tassan & Shapiro, P.C., West Seneca (Sim R. Shapiro of counsel), for third-party defendant-appellant.

Collins & Maxwell, L.L.P., Buffalo (John F. Maxwell of counsel), for plaintiffs-respondents.

Appeals from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered August 2, 2007 in a personal injury action. The order, inter alia, denied those parts of the motion of defendant and the cross motion of third-party defendant to set aside the verdict and for a new trial.

It is hereby ordered that said appeals 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—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.