Lantz v Puls
2008 NY Slip Op 09198 [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. 2.)

—[*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 a judgment of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered November 13, 2007 in a personal injury action. The judgment, following a bifurcated trial on liability, inter alia, decreed that plaintiffs shall recover from defendant Michael Gibson 50% of any damages awarded after the trial on damages.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Centra, Fahey, Peradotto and Green, JJ.