| Tojek v Root |
| 2006 NY Slip Op 08376 [34 AD3d 1211] |
| November 17, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Thomas E. Tojek et al., Respondents, v Phyllis S. Root et al., Appellants. (Appeal No. 2.) |
—[*1]Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered July 29, 2005 in a personal injury action. The order denied defendants' motion to set aside the verdict and grant a new trial or, in the alternative, for a collateral source hearing.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.