Daniels v DePasquale
2007 NY Slip Op 00885 [37 AD3d 1139]
February 2, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


Rickey E. Daniels, Appellant, v Joseph P. DePasquale et al., Defendants, and Erie Painting & Maintenance, Inc., Respondent. (Appeal No. 1.)

—[*1] Campbell & Shelton, LLP, Eden (Eric M. Shelton of counsel), for plaintiff-appellant.

Damon & Morey LLP, Buffalo (Patrick B. Curran of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered February 28, 2006 in a personal injury action. The order denied plaintiff's motion to set aside the jury verdict and for a new trial on the issues of negligence and proximate cause.

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—Hurlbutt, J.P., Martoche, Centra, Fahey and Green, JJ.