Hoover v New Holland N. Am., Inc.
2012 NY Slip Op 07790 [100 AD3d 1497]
November 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


—Lori Hoover et al., Respondents, v New Holland North America, Inc., Formerly Known as Ford New Holland, Inc., et al., Appellants, et al., Defendants. CNH America LLC, Third-Party Plaintiff-Appellant,
v
Kyle P. Andrews, Treasurer of Niagara County, as Temporary Administrator for the Estate of Gary Hoover, Deceased, Third-Party Defendant-Respondent. (Appeal No. 2.)

—[*1] Phillips Lytle LLP, Buffalo (Paul F. Jones of counsel) and Nixon Peabody LLP, for defendants-appellants and third-party plaintiff-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered September 30, 2011. The order, inter alia, denied in part the posttrial motions of the parties.

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—Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.