Kilgore v Scott
2009 NY Slip Op 08322 [67 AD3d 1386]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


Nancy Kilgore, Appellant,v Beverly Scott, Respondent. (Appeal No. 1.)

—[*1] Finkelstein & Partners, LLP, Newburgh (Victoria Lightcap of counsel), for plaintiff-appellant.

O'Shea McDonald & Stevens, LLP, Rome (Timothy Brian O'Shea of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Oneida County (Robert F. Julian, J.), entered February 22, 2008 in a personal injury action. The order denied the motion of plaintiff to set aside the jury verdict and to grant 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., Martoche, Smith, Carni and Green, JJ.