Opinion
CA 05-00212.
April 28, 2006.
Appeal and cross appeal from an order of the Supreme Court, Erie County (David J. Mahoney, J.), entered December 30, 2004 in a personal injury action. The order, inter alia, denied plaintiff's motion seeking, inter alia, to set aside the jury verdict with respect to defendant John E. Jacobs.
GROSS, SHUMAN, BRIZDLE GILFILLAN, P.C., BUFFALO (DAVID H. ELIBOL OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.
BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.
HARRIS BEACH PLLC, BUFFALO (PIETRA G. LETTIERI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Before: Pigott, Jr., P.J., Hurlbutt, Scudder, Kehoe and Hayes, JJ.
It is hereby ordered that said appeal and cross appeal insofar as they concern the motion be and the same hereby are unanimously dismissed ( see Smith v. Catholic Med. Ctr. of Brooklyn Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]) and the order is affirmed without costs.
Same memorandum as in Gallo v. Ricci ([appeal No. 1] 28 AD3d 1110).