Hinterberger v Leslie

Hinterberger v Leslie 2007 NY Slip Op 08526 [45 AD3d 1313] November 9, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

Barbara Hinterberger, Respondent, v Cathy L. Leslie, Appellant. (Appeal No. 1.)

—[*1] Hagelin Kent LLC, Buffalo (Leo T. Fabrizi of counsel), for defendant-appellant.

Campbell & Shelton LLP, Eden (R. Colin Campbell of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered May 9, 2006 in a personal injury action. The order, insofar as appealed from, granted plaintiff's motion for a mistrial and ordered a new trial.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see generally Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]). Present—Gorski, J.P., Smith, Centra, Fahey and Green, JJ.