| Hogan v Vandewater |
| 2019 NY Slip Op 03484 [172 AD3d 1893] |
| May 3, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Mark Hogan et al., Individually and as Parents and Natural
Guardians of Jack A. Hogan and Another, Infants, Appellants, v David Vandewater et al., Respondents. (Appeal No. 2.) |
Bosman Law Firm, LLC, Rome (A.J. Bosman of counsel), for plaintiffs-appellants.
Mark D. Goris, Cazenovia, for defendant-respondent David Vandewater.
Slye Law Offices, P.C., Watertown (Robert J. Slye of counsel), for defendant-respondent Frank P. Rose.
Barclay Damon LLP, Rochester (Kelsey till Thompson of counsel), for defendant-respondent Gina Nicoletti.
Appeal from an order of the Supreme Court, Lewis County (Patrick F. MacRae, J.), entered December 18, 2017. The order, among other things, denied that part of plaintiffs' motion seeking judgment as a matter of law and a new trial on damages or, alternatively, 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, 435 [2d Dept 1989]; see also CPLR 5501 [a] [1]). Present—Whalen, P.J., Centra, DeJoseph, Curran and Winslow, JJ.