Long v Niagara Frontier Transp. Auth. (2011 NY Slip Op 01149)

Long v Niagara Frontier Transp. Auth.

2011 NY Slip Op 01149 [81 AD3d 1393]

February 18, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 30, 2011

Laurie Long, as Administratrix of the Estate of Jeremy Henderson, Deceased, Appellant,
v
Niagara Frontier Transportation Authority et al., Respondents. (Appeal No. 2.)

—[*1] Gibson, McAskill & Crosby, LLP, Buffalo (Kristin A. Tisci of counsel), for plaintiff-appellant.

David M. Gregory, Buffalo (Vicky-Marie J. Brunette of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Paula M. Feroleto, J.), entered April 15, 2010 in a wrongful death action. The order denied the motion of plaintiff to set aside a jury verdict as against the weight of the evidence.

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., Smith, Lindley, Green and Martoche, JJ.