Foster v Kanous (2005 NY Slip Op 09835)

Foster v Kanous

2005 NY Slip Op 09835 [24 AD3d 1204]

December 22, 2005

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 15, 2006

Randall D. Foster, Respondent, v James R. Kanous, Appellant. (Appeal No. 2.)

—[*1]Appeal from an order (denominated decision) of the Supreme Court, Monroe County (William P. Polito, J.), entered November 8, 2004 in a personal injury action. The order, inter alia, granted plaintiff's motion to set aside the jury verdict with respect to causation and damages.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Same memorandum as in Foster v Kanous (24 AD3d 1205 [2005]). Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Smith and Lawton, JJ.