Huff v Rodriguez

Huff v Rodriguez 2007 NY Slip Op 09257 [45 AD3d 1428] November 23, 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

Yvette Huff, Respondent, v Anita L. Rodriguez, Formerly Known as Anita L. Rosario, et al., Appellants. (Appeal No. 1.)

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Brian A. MacDonald of counsel), for defendants-appellants.

Connors & Vilardo, LLP, Buffalo (Lawrence J. Vilardo of counsel) and Wayne C. Felle, P.C., Williamsville, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered April 25, 2006 in a personal injury action. The order granted plaintiff's motion to conform the pleadings to the amount of the jury verdict.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see CPLR 5501 [a] [1]). Present—Smith, J.P., Peradotto, Green and Pine, JJ.