Opinion
No. CA 07-00794.
March 14, 2008.
Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered August 26, 2005 in a personal injury action. The order denied plaintiffs' motion to set aside that part of the jury verdict with respect to future damages.
PHILLIPS LYTLE LLP, BUFFALO (WILLIAM D. CHRIST OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
RUPP, BAASE, PFALZGRAF, CUNNINGHAM COPPOLA LLC, BUFFALO (R. ANTHONY RUPP, III, OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Present: Hurlbutt, J.P., Smith, Centra, Lunn and Fahey, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see Smith v Catholic Med. Ctr. of Brooklyn Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).