Opinion
CA 06-00183.
September 29, 2006.
Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered November 28, 2005 in a personal injury action. The order, insofar as appealed from, denied that part of defendant's motion for judgment notwithstanding the verdict or, in the alternative, to set aside the verdict and grant a new trial.
CLAUSEN MILLER P.C., NEW YORK (MELISSA A. MURPHY-PETROS OF COUNSEL), AND LUSTIG BROWN, LLP, BUFFALO, FOR DEFENDANT-APPELLANT.
PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Present — Hurlbutt, J.P., Gorski, Martoche 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]).