Opinion
No. CA 08-01273.
April 24, 2009.
Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered September 18, 2007 in a personal injury action. The order, among other things, granted in part plaintiffs' motion to set aside the jury verdict.
BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANT-APPELLANT.
CELLINO BARNES, P.C., ROCHESTER (CHARLES F. BURKWIT OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Present: Centra, J.P., Peradotto, Carni, Green and Pine, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see Smith v Catholic Med. Ctr. of Brooklyn Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).