Potter v Jay E. Potter Lbr. Co., Inc.
2010 NY Slip Op 02613 [71 AD3d 1568]
March 26, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


Glen Potter, Respondent, v Jay E. Potter Lumber Co., Inc., Respondent, and James Leaton et al., Doing Business as Leaton Farms, Appellants. (Appeal No. 2.)

—[*1] Walsh, Roberts & Grace, Buffalo (Thomas E. Roberts of counsel), for defendants-appellants.

Cellino & Barnes, P.C., Rochester (Richard P. Amico of counsel), for plaintiff-respondent.

Cohen & Lombardo, P.C., Buffalo (James J. Nash of counsel), for defendant-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered March 31, 2009 in a personal injury action. The judgment on liability was entered in favor of plaintiff and against defendants James Leaton and Alan Leaton, doing business as Leaton Farms, following a jury trial.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Potter v Jay E. Potter Lbr. Co., Inc. (71 AD3d 1565 [2010]). Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.