McCarthy v CSX Transp., Inc.
2012 NY Slip Op 01913 [93 AD3d 1188]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


Shawn McCarthy, Appellant-Respondent,
v
CSX Transportation, Inc., Respondent-Appellant.

—[*1] Cellino & Barnes, P.C., Rochester (Richard P. Amico of counsel), for plaintiff-appellant-respondent.

Mayer Brown LLP, Washington, D.C. (Carl J. Summers of counsel), for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered November 19, 2010. The order denied plaintiff's motion to set aside the verdict and denied defendant's cross motion to set aside the verdict.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Fahey, Carni and Sconiers, JJ.