General

Glen Potter, Respondent, v. Jay E. Potter Lumber Co., Inc., Respondent, and James Leaton et al., Doing Business as Leaton Farms, Appellants

71 A.D.3d 1568896 N.Y.S.2d 917·New York Supreme Court, Appellate Division·2010·NY

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Opinion

Glen Potter, Respondent, v Jay E. Potter Lumber Co., Inc., Respondent, and James Leaton et al., Doing Business as Leaton Farms, Appellants. (Appeal No. 2.) [896 NYS2d 917] [MAJORITY] Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered March 31, 2009 in a personal injury action. The judgment on liability was entered in favor of plaintiff and against defendants James Leaton and Alan Leaton, doing business as Leaton Farms, following a jury trial. It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Same memorandum as in Potter v Jay E. Potter Lbr. Co., Inc. (71 AD3d 1565 [2010]). Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.