Farlow v Rocco
2004 NY Slip Op 05085 [8 AD3d 1133]
Decided on June 14, 2004
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 June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PINE, J.P., HURLBUTT, GORSKI, MARTOCHE, AND LAWTON, JJ.

918 CA 04-00155

[*1]ANNE C. FARLOW, PLAINTIFF-RESPONDENT, ORDER

v

DAVID R. ROCCO, DEFENDANT-APPELLANT.



Appeal from an order of the Supreme Court, Monroe County (Robert J. Lunn, J.), entered April 21, 2003. The order, insofar as appealed from, granted plaintiff's motion to set aside the jury verdict on the issue of damages and for a new trial unless defendant stipulated to increase the verdict.


SUGARMAN LAW FIRM, LLP, SYRACUSE (JONATHAN B. HERSHDORFER OF COUNSEL), FOR DEFENDANT-APPELLANT.
ADAIR, KAUL, MURPHY, AXELROD & SANTORO, ROCHESTER (RICHARD A. KAUL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.



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

Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court