Meegan v Progressive Ins. Co.
2007 NY Slip Op 04896 [41 AD3d 1144]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


Sheila M. Meegan et al., Respondents, v Progressive Insurance Company, Appellant. (Appeal No. 3.)

—[*1] Sugarman Law Firm, LLP, Syracuse (Timothy J. Perry of counsel), for defendant-appellant.

Knoer, Crawford & Bender, LLP, Buffalo (Paul A. Bender of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered December 28, 2005 in a personal injury action. The order denied defendant's motion for, inter alia, an order reducing the verdict to conform to the coverage for the claim, or setting aside the verdict and granting a new trial.

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—Gorski, J.P., Centra, Lunn, Peradotto and Pine, JJ.