DeAngelis v Protopopescu (2007 NY Slip Op 00926)

DeAngelis v Protopopescu

2007 NY Slip Op 00926 [37 AD3d 1177]

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

Mark DeAngelis, Respondent-Appellant, v Mircea Protopopescu, Appellant-Respondent. (Appeal No. 1.)

—[*1] Hiscock & Barclay, LLP, Rochester (Robert M. Shaddock of counsel), for defendant-appellant-respondent.

Melvin Bressler, Pittsford, for plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered June 30, 2005 in a personal injury action. The order granted in part plaintiff's motion to set aside the verdict and for a new trial on damages only.

It is hereby ordered that said appeal and cross appeal be and the same hereby are 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—Scudder, P.J., Hurlbutt, Gorski, Martoche and Smith, JJ.