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Saulnier v. Barthel

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


June 9, 2009

BARBARA SAULNIER, APPELLANT,
v.
TINA M. BARTHEL, RESPONDENT.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Molia, J.), entered September 28, 2007, which, upon a jury verdict, is in favor of the defendant and against her dismissing the complaint.

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.

WILLIAM F. MASTRO, J.P., HOWARD MILLER, CHERYL E. CHAMBERS & LEONARD B. AUSTIN, JJ.

(Index No. 9316/04)

DECISION & ORDER

ORDERED that the judgment is affirmed, with costs.

The sole contention raised by the plaintiff is that the court committed reversible error by striking one of her answers on cross-examination as non-responsive. This issue is unpreserved for appellate review (see Doyle v Nusser, 288 AD2d 176; Ritz v Lee, 273 AD2d 291).

MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.

20090609

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