Lifson v City of Syracuse

Lifson v City of Syracuse 2010 NY Slip Op 03555 [72 AD3d 1523] April 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

Alexander Lifson, as Executor of Irene Lifson, Deceased, Appellant-Respondent, v City of Syracuse, Respondent-Appellant, and Derek J. Klink, Respondent. (Appeal No. 1.)

—[*1] Longstreet & Berry, LLP, Syracuse (Michael J. Longstreet of counsel), for plaintiff-appellant-respondent.

Rory A. McMahon, Corporation Counsel, Syracuse (James P. McGinty of counsel), for defendant-respondent-appellant.

Costello, Cooney & Fearon, PLLC, Syracuse (Donald S. DiBenedetto of counsel), for defendant-respondent.

Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered November 26, 2008. The order denied the motions of plaintiff and defendant City of Syracuse to set aside the verdict and for a new trial.

It is hereby ordered that said appeal and cross appeal are 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., Peradotto, Lindley and Sconiers, JJ.