Lebron v Said
2008 NY Slip Op 04165 [51 AD3d 1385]
May 2, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 16, 2008


Amy Lynn Lebron, Appellant, et al., Plaintiff, v Robbie G. Said, Respondent. (Appeal No. 2.)

—[*1] Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-appellant.

Barth Sullivan Behr, Buffalo (Laurence D. Behr of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered March 22, 2007 in a personal injury action. The order denied the motion of plaintiff Amy Lynn Lebron to set aside the jury verdict with respect to proximate cause and for a new trial on the issues of comparative negligence and damages.

It is hereby ordered that said appeal 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—Centra, J.P., Lunn, Peradotto, Green and Pine, JJ.