Mast v DeSimone
2019 NY Slip Op 08287 [177 AD3d 1347]
November 15, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 1, 2020


[*1] (November 15, 2019)
 Jayme A. Mast, Appellant,
v
Gerard A. DeSimone, Respondent. (Appeal No. 1.)

Joseph E. Dietrich, III, Williamsville, Magavern Magavern Grimm LLP, Buffalo (Edward J. Markarian of counsel), for plaintiff-appellant.

Law Offices of John Trop, Buffalo (Tiffany D'Angelo of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered April 25, 2018. The order denied the motion of plaintiff to set aside a jury verdict.

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

Same memorandum as in Mast v DeSimone ([appeal No. 2] 177 AD3d 1348 [4th Dept 2019]). Present—Smith, J.P., Carni, NeMoyer, Curran and Troutman, JJ.