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BATES v. SMYTH

149 A.D.2d 391 (1989)

Harle Bates et al., Appellants, v. Andrew Smyth, Respondent, et al., Defendants. (Action No. 1.) Harle Bates et al., Appellants, v. Eugynee V. Campbell, Defendant. (Action No. 2.) Harle Bates et al., Appellants, v. Vanguard Holding Corp., Respondent. (Action No. 3.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 3, 1989

Ordered that the interlocutory judgment is affirmed insofar as appealed from, with costs to the respondents.

The defendant Andrew Smyth's arguments in favor of a new trial are not properly before us since he failed to cross-appeal from the interlocutory judgment.

The trial court did not err in excluding a statement allegedly made by the defendant Andrew Smyth to the plaintiff Harle Bates in a conversation after...

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