Sullivan v Troser Mgt., Inc.
2010 NY Slip Op 05895 [75 AD3d 1062]
July 2, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 1, 2010


Thomas M. Sullivan, Appellant, v Troser Management, Inc., Respondent. (Appeal No. 2.)

—[*1] J. Raymond Brown, Penfield, for plaintiff-appellant.

Kaman, Berlove, Marafioti, Jacobstein & Goldman, LLP, Rochester (Richard Glen Curtis of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered January 29, 2009. The order granted defendant's motion to preclude certain expert testimony at trial.

It is hereby ordered that said appeal is unanimously dismissed without costs upon withdrawal. Present—Scudder, P.J., Peradotto, Lindley and Sconiers, JJ.