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Theresa Overhoff v. Bauer Service

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


December 30, 2011

THERESA OVERHOFF,
PLAINTIFF-APPELLANT,
v.
BAUER SERVICE, INC.,
DEFENDANT-RESPONDENT.

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] [1], [2]).

Entered: December 30, 2011

Frances E. Cafarell Clerk of the Court

20111230

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