Opinion
CA 02-00108.
December 31, 2003.
Appeal from an order of Supreme Court, Erie County (Whelan, J.), entered July 10, 2001, which denied plaintiffs' motion to reconsider granting a directed verdict in favor of defendants.
O'SHEA, REYNOLDS CUMMINGS, BUFFALO (NELSON E. SCHULE, JR., OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
COHEN LOMBARDO, P.C., BUFFALO (BETHANY A. RUBIN OF COUNSEL), FOR DEFENDANT-RESPONDENT KMART, INC.
LUSTIG BROWN, LLP, BUFFALO (MAURICE L. SYKES OF COUNSEL), FOR DEFENDANTS-RESPONDENTS BW LIMITED PARTNERSHIP, BW PARTNERSHIP, JAMES V. WELCH, AS GENERAL PARTNER AND/OR PARTNER AND/OR LIMITED PARTNER OF BW LIMITED PARTNERSHIP AND/OR BW PARTNERSHIP, AND JAMES V. WELCH, INDIVIDUALLY.
Before: PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, KEHOE, AND HAYES, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Hutchings v. Hutchings, 155 A.D.2d 973).