Rucker v McDonald's Rest. of N.Y., Inc.
2010 NY Slip Op 09838 [79 AD3d 1829]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


Michael Rucker, Appellant, v McDonald's Restaurant of New York, Inc., et al., Respondents. (Appeal No. 2.)

—[*1] Craig Z. Small, Buffalo, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for plaintiff-appellant.

Burke, Scolamiero, Mortati & Hurd, LLP, Hudson (John D. Holt of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered May 26, 2009 in a personal injury action. The order, among other things, denied plaintiff's motion for judgment notwithstanding the verdict.

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

Same memorandum as in Kreiger v McDonald's Rest. of N.Y., Inc. (79 AD3d 1827 [2010]). Present—Martoche, J.P., Fahey, Carni, Lindley and Sconiers, JJ.