Opinion
CA 02-01995
June 13, 2003.
Appeal from a judgment of Supreme Court, Erie County (Dillon, J.), entered January 10, 2002, upon a jury verdict rendered in favor of defendants United Materials, L.L.C. and James Pierce.
LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (ERIC M. SHELTON OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
LAW OFFICES OF JOHN QUACKENBUSH, BUFFALO (WILLIAM E. NITTERAUER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
PRESENT: WISNER, J.P., SCUDDER, KEHOE, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is affirmed without costs.
Same Memorandum as in Stalikas v. United Materials ([appeal No. 1] 306 A.D.2d 810 [June 13, 2003]).
All concur except WISNER, J.P., and GORSKI, J., who dissent and vote to reverse in accordance with the same dissenting Memorandum as in Stalikas v. United Materials ([appeal No. 1] 306 A.D.2d 810 [June 13, 2003]).