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Morgan T. Palmer v. Csx Transportation

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


December 30, 2009

MORGAN T. PALMER, PLAINTIFF-APPELLANT,
v.
CSX TRANSPORTATION, INC.,
DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered January 14, 2008 in an action pursuant to the Federal Employers' Liability Act.

1056

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND PINE, JJ.

ORDER

(APPEAL NO. 1.)

The order, insofar as appealed from, denied in part plaintiff's motion to set aside the jury 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]).

Patricia L. Morgan Clerk of the Court

20091230

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