Short v Daloia

Short v Daloia 2010 NY Slip Op 01174 [70 AD3d 1383] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Kristine E. Short, Appellant, v Gerald Daloia et al., Respondents. (Appeal No. 1.)

—[*1] Cellino & Barnes, P.C., Buffalo (Ellen B. Sturm of counsel), for plaintiff-appellant.

Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 10, 2008 in a personal injury action. The order denied the motion of plaintiff for judgment notwithstanding the verdict or, in the alternative, a new trial.

It is hereby ordered that said appeal 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—Smith, J.P., Carni, Pine and Gorski, JJ.