| Benevolent & Protective Order of Elks of United States of Am. v Creative Comfort Sys., Inc. |
| 2021 NY Slip Op 01674 [192 AD3d 1612] |
| March 19, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Benevolent and Protective Order of Elks of United States of
America et al., Respondents, v Creative Comfort Systems, Inc., et al., Appellants. (Appeal No. 2.) |
Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Marco Cercone of counsel), for defendants-appellants.
Webster Szanyi, LLP, Buffalo (Thomas S. Lane of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered June 24, 2019. The order, among other things, denied the motion of defendants seeking, inter alia, to set aside the verdict.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Benevolent and Protective Order of Elks of United States of Am. v Creative Comfort Sys., Inc. ([appeal No. 1] 192 AD3d 1608 [4th Dept 2021]). Present—Whalen, P.J., Centra, Lindley, Curran and Bannister, JJ.