Emslie v. Recreative Industries, Inc.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J), entered April 5, 2012. The order conditionally stayed the action.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating condition number three and as modified the order is affirmed without costs.

Memorandum: This action arises from an incident in which plaintiff James Emslie, a British citizen residing in Scotland, allegedly sustained serious physical injuries in England while he was a passenger on an all-terrain vehicle (ATV) manufactured by defendant…