| Canazzi v CSX Transp., Inc. |
| 2009 NY Slip Op 03227 [61 AD3d 1347] |
| April 24, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| David Canazzi, Respondent, v CSX Transportation, Inc., Appellant. (Appeal No. 1.) |
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Collins, Collins & Donoghue, P.C., Buffalo (John F. Collins of counsel), for
plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered February 7, 2008 in a personal injury action. The order granted plaintiff's motion, set aside the jury verdict in part, directed that judgment be entered in favor of plaintiff on the issue of causation, and granted a new trial on comparative negligence and damages.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Pressley v DePalma, 39 AD3d 732, 733 [2007]; see also CPLR 5501 [a] [1], [2]). Present—Hurlbutt, J.P., Martoche, Fahey, Carni and Gorski, JJ.