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Leshai Ryals, Plaintiff-Appellant v. New York City Transit Authority

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 14, 2013

LESHAI RYALS, PLAINTIFF-APPELLANT,
v.
NEW YORK CITY TRANSIT AUTHORITY, ET AL., DEFENDANTS-RESPONDENTS. R.G. ORTIZ FUNERAL HOME, INC., ET AL., DEFENDANTS.

Appeal from decision, Supreme Court, Bronx County (John A. Barone, J.), entered March 12, 2012, which denied plaintiff's motion, pursuant to CPLR 4404(a), seeking to set aside the verdict and a new trial on the issue of liability, and directed the parties to settle judgment on notice, unanimously dismissed, without costs, as taken from a non-appealable paper.

Ryals v New York City Tr. Auth.

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 14, 2013 Andrias, J.P., Sweeny, Freedman, Feinman, Gische, JJ.

The appeal is dismissed, as no appeal lies from a decision, or an appealed paper directing the settlement of a judgment (see CPLR 5512[a]; Gunn v Palmieri, 86 NY2d 830 [1995]; Leser v Penido, 96 AD3d 578 [1st Dept 2012]). Moreover, plaintiff's right to a direct appeal from any order denying a motion to set aside the verdict terminated with the entry of a judgment (see CPLR 5501; Matter of Aho, 39 NY2d 241, 248 [1976]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 14, 2013

CLERK

20130314

© 1992-2013 VersusLaw Inc.



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