Murphy v CSX Transp., Inc.
2010 NY Slip Op 08206 [78 AD3d 1543]
November 12, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


John Murphy, Respondent,
v
CSX Transportation, Inc., Appellant. (Appeal No. 1.)

—[*1] Anspach Meeks Ellenberger, LLP, Buffalo, Hancock & Estabrook, LLP, Syracuse (Alan J. Pierce of counsel), for defendant-appellant.

Collins, Collins & Donoghue, P.C., Buffalo (Patrick Donoghue of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered July 13, 2009 in a personal injury action. The order, among other things, awarded plaintiff prejudgment interest.

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]). Present—Scudder, P.J., Martoche, Centra, Fahey and Green, JJ.