Lantz v Puls
2008 NY Slip Op 09197 [56 AD3d 1252]
November 21, 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


Harvey D. Lantz et al., Respondents, v Jonathan C. Puls, Sr., Also Known as John J. Puls, et al., Respondents, and Michael Gibson, Appellant. (Appeal No. 1.)

—[*1] Hiscock & Barclay, LLP, Rochester (Gary H. Abelson of counsel), for defendant-appellant.

Smith, Keller, Miner & O'Shea, Buffalo (Carrie L. Smith of counsel), for plaintiffs-respondents.

Johnson, Mullan & Brundage, P.C., Rochester (William S. Ruby of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered September 4, 2007 in a personal injury action. The order, following a bifurcated trial on liability, denied the post-trial motion of defendant Michael Gibson for judgment notwithstanding the verdict with respect to the issue of his negligence.

It is hereby ordered that said appeal 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—Scudder, P.J., Centra, Fahey, Peradotto and Green, JJ.