Springs v City of Buffalo

Springs v City of Buffalo 2010 NY Slip Op 09656 [79 AD3d 1647] December 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

Arthur J. Springs, Jr., Respondent,
v
City of Buffalo, Defendant/Third-Party Plaintiff-Appellant, et al., Defendants. Harsco Corporation et al., Third-Party Defendants-Appellants.

—[*1] Connors & Corcoran LLP, Rochester, Goldberg Segalla LLP, Albany (Matthew S. Lerner of counsel), for defendant-appellant and third-party plaintiff-appellant.

Law Offices of Douglas Coppola, Buffalo (William K. Kennedy of counsel), for third-party defendants-appellants.

Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiff-respondent.

Appeals from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered February 25, 2009 in a personal injury action. The order granted the motion of plaintiff to set aside a jury verdict and ordered a new trial on damages.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Carni, Sconiers and Pine, JJ.