Lai Nguyen v Kiraly
2011 NY Slip Op 02155 [82 AD3d 1579]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


Lai Nguyen, Appellant, v William E. Kiraly et al., Respondents. (Appeal No. 1.)

[*1] Cohen & Lombardo, P.C., Buffalo (Jonathan D. Cox of counsel), for plaintiff-appellant.

Burgio, Kita & Curvin, Buffalo (Hilary C. Banker of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered October 28, 2009 in a personal injury action. The order, among other things, denied the motion of plaintiff for an order setting aside the jury verdict.

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.