| Michele Trezza v Metropolitan Transp. Auth. |
| Motion No: |
| Slip Opinion No: 2014 NY Slip Op 76234 |
| Decided on June 26, 2014 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Michele Trezza,
Appellant,
Susan Giddes,
Plaintiff,
v
Metropolitan Transportation Authority, et al.,
Respondents,
Angeleasa Olsen,
Defendant.
Appeal dismissed without costs, by the Courtsua sponte, upon the ground that the Appellate Division does not have the power to grant leave to appeal to this Court on a certified question from an order granting a new trial (see CPLR 5601[c], 5602[b][1]; Fishman v Manhattan & Bronx Surface Tr. Operating Auth., 78 NY2d 878 [1991]; Maynard v Greenberg, 82 NY2d 913, 915 [1994]), without prejudice to appellant stipulating in a timely fashion as determined by the Appellate Division to a reduced award for past pain and suffering and moving for leave to appeal at the Appellate Division pursuant to CPLR 5602(a)(1)(ii) from the amended judgment entered on such stipulation.