Opinion
CA 03-00468.
November 21, 2003.
Appeal and cross appeal from an order of Supreme Court, Genesee County (Rath, Jr., J.), entered May 31, 2002, which granted plaintiffs' motion to set aside a verdict finding that the accident was not a substantial factor in causing injury to plaintiff Paul J. Pawlaczyk and granted a new trial.
Burgio, Kita Curvin, Buffalo (William J. Kita of Counsel), for Defendants-Appellants-Respondents.
Ellis Kustell, Buffalo (Carl B. Kustell of Counsel), for Plaintiffs-Respondents-Appellants.
Before: Present: Pigott, Jr., P.J., Pine, Hurlbutt, Kehoe, and Hayes, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.