Opinion
No. 42 CA 10-00315.
March 25, 2011.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered October 28, 2009 in a personal injury action. The order, among other things, denied the motion of plaintiff for an order setting aside the jury verdict.
COHEN LOMBARDO, P.C., BUFFALO (JONATHAN D. COX OF COUNSEL), FOR PLAINTIFF-APPELLANT.
BURGIO, KITA CURVIN, BUFFALO (HILARY C. BANKER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Present: Scudder, P.J., Smith, Lindley, Green and Martoche, 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] [].]).