Nary v Jonientz
2013 NY Slip Op 06453 [110 AD3d 1447]
October 4, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 27, 2013


Walter J. Nary, II, Respondent-Appellant, v Rosemary Jonientz, Appellant-Respondent. (Appeal No. 1.)

—[*1] Hiscock & Barclay, LLP, Rochester (Gary H. Abelson of counsel), for defendant-appellant-respondent.

Cellino & Barnes, P.C., Rochester (Richard P. Amico of counsel), for plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered May 2, 2012. The order granted in part the motion of defendant to set aside the jury verdict.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Nary v Jonientz (110 AD3d 1448 [2013]). Present—Centra, J.P., Fahey, Lindley, Sconiers and Whalen, JJ.