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Pagan v. County of Westchester

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


January 5, 2010

DOMINIQUE PAGAN, ETC., ET AL., APPELLANTS,
v.
COUNTY OF WESTCHESTER, ET AL., RESPONDENTS.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Smith, J.), dated August 28, 2008, which, inter alia, upon precluding the plaintiffs' expert from testifying at trial, granted the defendants' oral application, in effect, to dismiss 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.

JOSEPH COVELLO, J. P., DANIEL D. ANGIOLILLO, PLUMMER E. LOTT, SHERI S. ROMAN, JJ.

(Index No. 14685/04)

DECISION & ORDER

ORDERED that on the Court's own motion, the notice of appeal from the order dated August 28, 2008, is deemed to be an application for leave to appeal from that order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the order is affirmed, with costs.

Under the facts of this case, the Supreme Court properly granted the defendant's oral application, in effect, to dismiss the complaint.

The plaintiffs' remaining contention is without merit.

COVELLO, J. P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.

20100105

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