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.
As corrected through Wednesday, June 10, 2009


David Canazzi, Respondent,
v
CSX Transportation, Inc., Appellant. (Appeal No. 1.)

[*1] Mayer Brown LLP, Washington, D.C. (Jack L. Wilson, of the Washington, D.C. and Mississippi bars, admitted pro hac vice, of counsel) and Anspach Meeks Ellenberger LLP, Buffalo, for defendant-appellant.

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.