Opinion
CA 04-01719.
June 10, 2005.
Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered May 3, 2004 in a personal injury action. The order denied plaintiff's motion to set aside the jury verdict and grant judgment as a matter of law or, in the alternative, grant a new trial.
PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR PLAINTIFF-APPELLANT.
BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Before: Green, J.P., Hurlbutt, Martoche, Lawton and Hayes, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see Smith v. Catholic Med. Ctr. of Brooklyn Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).