Jarvis v LaFarge N. Am., Inc.
2008 NY Slip Op 05115 [52 AD3d 1178] [52 AD3d 1178]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Christopher F. Jarvis, Appellant, v LaFarge North America, Inc., et al., Respondents. (Appeal No. 2.)

—[*1] Mark R. Uba, Williamsville, and Cellino & Barnes, P.C., Buffalo, for plaintiff-appellant.

Hurwitz & Fine, P.C., Buffalo (Harry F. Mooney of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered March 28, 2007 in a personal injury action. The order denied plaintiff's motion to set aside the jury verdict and for judgment as a matter of law or, alternatively, for a new trial.

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—Scudder, P.J., Smith, Centra, Peradotto and Pine, JJ.