Nolan v Moeller
2007 NY Slip Op 03529 [39 AD3d 1281]
April 20, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


Michael Nolan, Appellant, v Carl W. Moeller, Jr., Respondent. (Appeal No. 1.)

—[*1] Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiff-appellant.

Hurwitz & Fine, P.C., Buffalo (Scott Michael Duquin of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered July 1, 2005 in a personal injury action. The order, among other things, denied plaintiff's motion to set aside a jury verdict.

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—Martoche, J.P., Smith, Centra, Lunn and Peradotto, JJ.