Overhoff v Bauer Serv., Inc. (2011 NY Slip Op 09701)

Overhoff v Bauer Serv., Inc.

2011 NY Slip Op 09701 [90 AD3d 1629]

December 30, 2011

Appellate Division, Fourth Department

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

As corrected through Wednesday, February 1, 2012

Theresa Overhoff, Appellant, v Bauer Service, Inc., Respondent. (Appeal No. 2.)

—[*1] Duke, Holzman, Photiadis & Gresens LLP, Buffalo (Elizabeth A. Kraengel of counsel), for plaintiff-appellant.

Brown & Kelly, LLP, Buffalo (Ryan J. Mills of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered December 21, 2010 in a personal injury action. The order denied plaintiff's motion to set aside the jury verdict and for a new trial.

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], [2]). Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.