Johnson v. Schrader

Appeal and cross appeal from a judgment of Supreme Court, Erie County (Joslin, J.), entered August 14, 2001, upon a jury verdict in favor of plaintiff.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law and the order in appeal No. 1 is modified by granting the cross motion of defendants Brian M. Mater and Tallman Transports, Ltd. and setting aside the verdict with respect to liability and as modified the judgment is affirmed without costs and a new trial is granted on liability only.

Memorandum: Plaintiff commenced this action…