Opinion
No. CA 06-00878.
March 16, 2007.
Appeal from an order of the Supreme Court, Erie County (John E Lane, J.), entered December 9, 2005 in a personal injury action. The order denied plaintiffs motion to set aside the verdict and for a directed verdict on the issue of proximate cause or, in the alternative, a new trial on that issue.
THE BARNES FIRM, P.C., BUFFALO (MICHAEL J. COOPER OF COUNSEL), FOR PLAINTIFF-APPELLANT.
HAGELIN KENT LLC, BUFFALO (RICHARD A. HALL OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Present — Gorski, J.P., Fahey, Peradotto, Green and Pine, 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]).