Miller v Galler
Annotate this CaseJulie Miller, Individually and as Administrator of the Estate of Charles J. Miller, Deceased, Appellant, v Marvin Galler, M.D., et al., Respondents. (Appeal No. 1.)
—[*1] Brian P. Fitzgerald, P.C., Buffalo (Brian P. Fitzgerald of counsel), for plaintiff-appellant.
Connors & Vilardo, LLP, Buffalo (Michael J. Roach of counsel), for defendant-respondent Marvin Galler, M.D.
Brown & Tarantino, LLC, Buffalo (Ann M. Campbell of counsel), for defendant-respondent George Kotlewski, M.D.
Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered June 5, 2006 in a medical malpractice and wrongful death action. The order denied plaintiff's motion to set aside the jury verdict and direct judgment in favor of plaintiff 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—Scudder, P.J., Gorski, Lunn, Peradotto and Green, JJ.
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