Turner v CSX Transp., Inc.

Turner v CSX Transp., Inc. 2010 NY Slip Op 03642 [72 AD3d 1597] 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

Stephen Turner, Respondent,
v
CSX Transportation, Inc., et al., Appellants. (Appeal No. 3.)

—[*1] Goldberg Segalla LLP, Albany (Matthew S. Lerner of counsel), Anspach Meeks Ellenberger LLP, Buffalo and Burns, White & Hicton, LLC, Pittsburgh, Pa., for defendants-appellants.

Collins, Collins & Donoghue, P.C., Buffalo (Patrick Donoghue of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered October 29, 2008 in a personal injury action. The order, insofar as appealed from, granted in part plaintiff's motion in limine and denied in part defendants' motion in limine.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Scalp & Blade v Advest, Inc., 309 AD2d 219, 224 [2003]; see also CPLR 5701 [a] [2] [v]). Present—Smith, J.P., Fahey, Carni, Sconiers and Pine, JJ.