General

Jacqueline Carr, Individually and as Parent and Natural Guardian of Cody Carr, an Infant, et al., Appellants, v. Burnwell Gas of Newark, Inc., et al., Respondents

23 A.D.3d 1000803 N.Y.S.2d 453·New York Supreme Court, Appellate Division·2005·NY

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Opinion

Jacqueline Carr, Individually and as Parent and Natural Guardian of Cody Carr, an Infant, et al., Appellants, v Burnwell Gas of Newark, Inc., et al., Respondents. (Appeal No. 2.) [803 NYS2d 453] [MAJORITY] Appeals from an order of the Supreme Court, Wayne County (Dennis M. Kehoe, A.J.), entered January 28, 2004 in a personal injury action. The order denied plaintiffs’ motions for an order setting aside the verdict and directing a new trial on the issue of liability. It is hereby ordered that said appeals be and the same hereby are unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Hurlbutt, J.P., Scudder, Smith, Pine and Hayes, JJ.