Roach v Coach USA, Inc.
2010 NY Slip Op 05123 [74 AD3d 1813]
June 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


Michael Roach, Individually and as Representative of the Estate of Catherine Roach, Deceased, et al., Appellants,
v
Coach USA, Inc., et al., Defendants, and J&J Hauling, Inc., et al., Respondents. (Appeal No. 2.)

—[*1] Kelly & Leonard, L.L.P., Ballston Spa (Lawrence D'Aloise of counsel), for plaintiffs-appellants.

Culley, Marks, Tanenbaum & Pezzulo, LLP, Rochester (Glenn E. Pezzulo of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Livingston County (Thomas M. Van Strydonck, J.), entered March 24, 2009. The order granted the motion of defendants J&J Hauling, Inc. and the estate of Ernest D. Zeiset, Jr., deceased, and determined that the law of Ontario, Canada concerning noneconomic damages applies to this action.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs (see Butler v Stagecoach Group, PLC, 72 AD3d 1581 [2010]). Present—Scudder, P.J., Peradotto, Carni and Sconiers, JJ.