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Shawn Mccarthy v. Csx Transportation

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


March 16, 2012

SHAWN MCCARTHY,
PLAINTIFF-APPELLANT-RESPONDENT,
v.
CSX TRANSPORTATION, INC.,
DEFENDANT-RESPONDENT-APPELLANT.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered November 19, 2010.

McCarthy v CSX Transp., Inc.

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.

Decided on March 16, 2012

PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND SCONIERS, JJ.

The order denied plaintiff's motion to set aside the verdict and denied defendant's cross motion to set aside the verdict.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: March 16, 2012

Frances E. Cafarell Clerk of the Court

20120316

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