Opinion
CA 05-01928.
December 22, 2005.
Appeal from an order (denominated decision) of the Supreme Court, Monroe County (William P. Polito, J.), entered November 8, 2004 in a personal injury action. The order, inter alia, granted plaintiff's motion to set aside the jury verdict with respect to causation and damages.
Present: Pigott, Jr., P.J., Hurlbutt, Gorski, Smith and Lawton, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.
Same memorandum as in Foster v. Kanous ( 24 AD3d 1205).