Appellate Division of the Supreme Court of New York, 2015

Kalbfliesh v. McCann

Appellate Division of the Supreme Court of New York · Decided June 19, 2015 · Dejoseph, Sconiers, Scudder, Smith, Valentino

129 A.D.3d 1673; 10 N.Y.S.3d 482

Opinion of the Court

Appeal from an order of the Supreme Court, Niagara County (Mark A. Montour, J.), entered September 29, 2014 in a personal injury action. The order denied the motion of defendants Joseph A. Moses and Smart Ride Ltd. seeking to settle the record on appeal to exclude a certain letter.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Kalbfliesh v McCann ([appeal No. 1] 129 AD3d 1671 [2015]).

Present — Scudder, P.J., Smith, Sconiers, Valentino and DeJoseph, JJ.

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