McAleer v Quill
2012 NY Slip Op 06472 [98 AD3d 1305]
September 28, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2012


Michael McAleer et al., Appellants, v Charles G. Quill, Jr., et al., Doing Business as Royal Pheasant Supper Club, Respondents. (Appeal No. 1.)

—[*1] Hogan Willig, PLLC, Amherst (Tammy L. Riddle of counsel), for plaintiffs-appellants.

Sugarman Law Firm, LLP, Buffalo (Michael A. Riehler of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered January 25, 2011 in a personal injury action. The order denied plaintiffs' motion for an order setting aside the jury verdict and granting a new trial.

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., Smith, Centra, Lindley and Martoche, JJ.