Stephen D. Donahue v Quikrete Companies

Donahue v Quikrete Cos. 2005 NY Slip Op 04721 [19 AD3d 1008] June 10, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 24, 2005

Stephen D. Donahue, Appellant,
v
The Quikrete Companies et al., Respondents. (Appeal No. 1.)

—[*1]Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered May 3, 2004 in a personal injury action. The order denied plaintiff's motion to set aside the jury verdict and grant judgment as a matter of law or, in the alternative, grant a new trial.

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 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Green, J.P., Hurlbutt, Martoche, Lawton and Hayes, JJ.