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Canazzi v. Csx Transportation

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


April 24, 2009

DAVID CANAZZI, PLAINTIFF-RESPONDENT,
v.
CSX TRANSPORTATION, INC., DEFENDANT-APPELLANT. (APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered February 7, 2008 in a personal injury action. The order granted plaintiff's motion, set aside the jury verdict in part, directed that judgment be entered in favor of plaintiff on the issue of causation, and granted a new trial on comparative negligence and damages.

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.

PRESENT: HURLBUTT, J.P., MARTOCHE, FAHEY, CARNI, AND GORSKI, JJ.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Pressley v DePalma, 39 AD3d 732, 733; see also CPLR 5501 [a] [1], [2]).

20090424

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