Appellate Division of the Supreme Court of New York, 2003

Smolen v. Kmart, Inc.

Smolen v. Kmart, Inc.
Appellate Division of the Supreme Court of New York · Decided December 31, 2003
2 A.D.3d 1438; 768 N.Y.S.2d 887
Smolen v. Kmart, Inc.

Opinion of the Court

— Appeal from an order of Supreme Court, Erie County (Whelan, J.), entered July 10, 2001, which denied plaintiffs’ motion to reconsider granting a directed verdict in favor of defendants.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hutchings v Hutchings, 155 AD2d 973 [1989]). Present—Green, J.P., Hurlbutt, Scudder, Kehoe and Hayes, JJ.

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