Barrow v Dubois (2011 NY Slip Op 02278)

Barrow v Dubois

2011 NY Slip Op 02278 [82 AD3d 1687]

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

Dewey R. Barrow et al., Respondents,
v
D.L. Gordon Dubois et al., Appellants. (Appeal No. 2.)

—[*1] Horigan, Horigan & Lombardo, P.C., Amsterdam (James A. Lombardo of counsel), for defendants-appellants.

Calli, Calli & Cully, Utica (Herbert J. Cully of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered March 11, 2010 in a personal injury action. The order denied the motion of defendants to set aside the jury verdict pursuant to CPLR 4404 (a).

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—Centra, J.P., Fahey, Carni, Green and Gorski, JJ.