Appellate Division of the Supreme Court of the State of New York November 15, 2002, Appeal No. 2 (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.