Opinion
No. CA 06-01742.
November 9, 2007.
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered May 9, 2006 in a personal injury action. The order, insofar as appealed from, granted plaintiffs motion for a mistrial and ordered a new trial.
HAGELIN KENT LLC, BUFFALO (LEO T. FABRIZI OF COUNSEL), FOR DEFENDANT-APPELLANT.
CAMPBELL SHELTON LLP, EDEN (R. COLIN CAMPBELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Gorski, J.P., Smith, Centra, Fahey and Green, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see generally Hughes v Nussbaumer, Clarke Velzy, 140 AD2d 988 [1988]).