SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 30, 2011
BAUER SERVICE, INC.,
Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered December 21, 2010 in a personal injury action.
Overhoff v Bauer Serv., Inc.
Decided on December 30, 2011
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.
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.
(APPEAL NO. 2.)
The order denied plaintiff's motion to set aside the jury verdict and for a new trial.
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] , ).
Entered: December 30, 2011
Frances E. Cafarell Clerk of the Court
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