Dennis v Massey

Dennis v Massey 2015 NY Slip Op 09738 Decided on December 31, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 31, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, VALENTINO, AND DEJOSEPH, JJ.
1338 CA 14-01185

[*1]JEROME S. DENNIS, PLAINTIFF-APPELLANT,

v

CLARKE E. MASSEY, NIAGARA FRONTIER TRANSPORTATION AUTHORITY, NFTA METRO BUS, AND NFT METRO SYSTEM, INC., ALSO KNOWN AS NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

GELBER & O'CONNELL, LLC, AMHERST (TIMOTHY G. O'CONNELL OF COUNSEL), FOR PLAINTIFF-APPELLANT.

DAVID J. STATE, GENERAL COUNSEL, BUFFALO (VICKY-MARIE J. BRUNETTE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 8, 2014. The order denied plaintiff's motion to, inter alia, set aside the verdict.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens , 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).

Entered: December 31, 2015

Frances E. Cafarell

Clerk of the Court