Dunn v Garrett
2016 NY Slip Op 03282 [138 AD3d 1387]
April 29, 2016
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 1, 2016


[*1]
 Terry Dunn, Appellant, v Darnell Garrett et al., Respondents. (Appeal No. 1.)

Campbell & Shelton, LLP, Eden, Magavern Magavern Grimm, LLP, Buffalo (Edward J. Markarian of counsel), for plaintiff-appellant.

David J. State, General counsel, Buffalo (Vicky-Marie J. Brunette of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered October 2, 2014 in a personal injury action. The order denied plaintiff's motion to, inter alia, set aside the jury verdict.

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—Carni, J.P., Lindley, DeJoseph, NeMoyer and Troutman, JJ.