Stillman v Mobile Mtn., Inc.

Stillman v Mobile Mtn., Inc. 2015 NY Slip Op 07136 Decided on October 2, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND DEJOSEPH, JJ.
1048 CA 15-00117

[*1]JACOB STILLMAN, PLAINTIFF-APPELLANT,

v

MOBILE MOUNTAIN, INC., PHILLIP A. CERNY, JOSHUA WOOLEY, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.

THE BALLOW LAW FIRM, P.C., WILLIAMSVILLE (KEVIN F. WALSH OF COUNSEL), FOR PLAINTIFF-APPELLANT.

OSBORN, REED & BURKE, LLP, ROCHESTER (JEFFREY P. DIPALMA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 8, 2014. The order granted the motion of defendants Mobile Mountain, Inc., Phillip A. Cerny and Joshua Wooley to bifurcate trial of the issues of liability and 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.

Entered: October 2, 2015

Frances E. Cafarell

Clerk of the Court