Atwater v Thunder Bay Homes
2009 NY Slip Op 09910 [68 AD3d 1793]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


Brian R. Atwater et al., Respondents, v Thunder Bay Homes et al., Defendants, and Ryder Truck Rental, Inc., et al., Appellants.

—[*1] Hancock & Estabrook, LLP, Syracuse (Janet D. Callahan of counsel), for defendants-appellants.

Harry V. Armani & Associates, Syracuse (Harry V. Armani of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered June 17, 2008 in a personal injury action. The order denied the motion of defendants Ryder Truck Rental, Inc., Eric J. Conger, and Andrew Fuller, individually and doing business as Andy Fuller Trucking or Fuller Trucking, for an order setting aside the jury verdict in favor of plaintiffs on the issue of liability.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for the reasons stated at Supreme Court. Present—Hurlbutt, J.P., Fahey, Peradotto, Green and Gorski, JJ.