Opinion
CA 01-02526
November 15, 2002.
Appeal and cross appeal from an order of Supreme Court, Erie County (Joslin, J.), entered August 14, 2001, which, inter alia, granted plaintiff's motion to set aside that portion of the jury verdict that reduced the verdict by $22,000 as a result of plaintiff's failure to wear an available seatbelt.
DAMON MOREY LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.
MICHAEL G. COOPER, HAMBURG, FOR PLAINTIFF-RESPONDENT-APPELLANT.
BROWN KELLY, LLP, BUFFALO (RENATA KOWALCZUK OF COUNSEL), FOR DEFENDANTS-RESPONDENTS HELEN ELZADA SCHRADER AND ALBERT C. OPIE.
PHILLIPS, LYTLE, HITCHCOCK, BLAINE HUBER LLP, BUFFALO (PAUL MORRISON-TAYLOR OF COUNSEL), FOR DEFENDANTS-RESPONDENTS FORD MOTOR CREDIT COMPANY AND FORD CREDIT TITLING TRUST.
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, AND KEHOE, JJ.
ORDER
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs ( see Smith v. Catholic Med. Ctr. of Brooklyn Queens, 155 A.D.2d 435; see also CPLR 5501 [a] [1], [2]).