Hoover v New Holland N. Am., Inc.

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Hoover v New Holland N. Am., Inc. 2012 NY Slip Op 07790 Released on November 16, 2012 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on November 16, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.
1044 CA 12-00563

[*1]LORI HOOVER AND JESSICA BOWERS, PLAINTIFFS-RESPONDENTS,

v

NEW HOLLAND NORTH AMERICA, INC., FORMERLY KNOWN AS FORD NEW HOLLAND, INC., CASE NEW HOLLAND, INC., NIAGARA FRONTIER EQUIPMENT SALES, INC., FORMERLY KNOWN AS NIAGARA FORD NEW HOLLAND, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. - CNH AMERICA LLC, THIRD-PARTY PLAINTIFF-APPELLANT, KYLE P. ANDREWS, TREASURER OF NIAGARA COUNTY, AS TEMPORARY ADMINISTRATOR FOR THE ESTATE OF GARY HOOVER, DECEASED, THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 2.)


Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered September 30, 2011. The order, inter alia, denied in part the posttrial motions of the parties.


PHILLIPS LYTLE LLP, BUFFALO (PAUL F. JONES OF COUNSEL), AND NIXON PEABODY LLP, FOR DEFENDANTS-APPELLANTS AND THIRD-PARTY PLAINTIFF-APPELLANT.
LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.



It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).
Entered: November 16, 2012
Frances E. Cafarell
Clerk of the Court

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