Opinion
No. 1557 CA 06-00742.
February 2, 2007.
Appeal and cross appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered June 30, 2005 in a personal injury action. The order granted in part plaintiffs motion to set aside the verdict and for a new trial on damages only.
HISCOCK BARCLAY, LLP, ROCHESTER (ROBERT M. SHADDOCK OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
MELVIN BRESSLER, PITTSFORD, FOR PLAINTIFF-RESPONDENT-APPELLANT.
Present Scudder, P.J., Hurlbutt, Gorski, Martoche and Smith, JJ.
It is hereby ordered that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs ( see Smith v Catholic Med. Ctr. of Brooklyn Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]).