Reed v Fraser
2008 NY Slip Op 05454 [52 AD3d 1322] [52 AD3d 1322]
June 13, 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


Jill E. Reed et al., Appellants, v Cynthia Fraser, M.D., et al., Respondents. (Appeal No. 1.)

—[*1] Foley and Foley, Palmyra (James F. Foley of counsel), for plaintiffs-appellants.

Hirsch & Tubiolo, P.C., Rochester (Richard S. Tubiolo of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Wayne County (Thomas M. Van Strydonck, J.), entered March 9, 2007 in a medical malpractice action. The order denied plaintiffs' motion to set aside the verdict in part and 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—Hurlbutt, J.P., Martoche, Smith, Green and Pine, JJ.