Sacchetti v Giordano
2012 NY Slip Op 08895 [101 AD3d 1620]
December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


Alessandro Sacchetti, Respondent, v Michael L. Giordano, DPM, Appellant. (Appeal No. 2.)

—[*1] Damon Morey LLP, Buffalo (Amy Archer Flaherty of counsel), for defendant-appellant.

Pamela R. Halpin, East Rochester, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered December 1, 2011. The order denied the motion of defendant to set aside the verdict or 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, Sconiers, Valentino and Martoche, JJ.