Hinterberger v Leslie (2007 NY Slip Op 08528)

Hinterberger v Leslie

2007 NY Slip Op 08528 [45 AD3d 1315]

November 9, 2007

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 16, 2008

Barbara Hinterberger, Respondent, v Cathy L. Leslie, Appellant. (Appeal No. 3.)

—[*1] Hagelin Kent LLC, Buffalo (Leo T. Fabrizi of counsel), for defendant-appellant.

Campbell & Shelton LLP, Eden (R. Colin Campbell of counsel), for plaintiff-respondent.

Appeal from an amended order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 20, 2006 in a personal injury action. The amended order, insofar as appealed from, granted plaintiff's motion for a mistrial and ordered a new trial.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Kolasz v Levitt, 63 AD2d 777, 779 [1978]). Present—Gorski, J.P., Smith, Centra, Fahey and Green, JJ.