| Vogt v Paradise Alley |
| 2006 NY Slip Op 04598 |
| Decided on June 9, 2006 |
| Appellate Division, Fourth Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 9, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., KEHOE, GORSKI, GREEN, AND PINE, JJ.
677 CA 05-02527
[*1]CASSANDRA VOGT, PLAINTIFF-RESPONDENT, ORDER
v
PARADISE ALLEY, ET AL., DEFENDANTS, AND MICHAEL MANN, DEFENDANT-APPELLANT. (APPEAL NO. 1.)
v
PARADISE ALLEY, ET AL., DEFENDANTS, AND MICHAEL MANN, DEFENDANT-APPELLANT. (APPEAL NO. 1.)
Appeal from an amended order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered July 27, 2005 in a personal injury action. The amended order denied the motion of defendant Michael Mann to set aside the jury verdict and for a new trial.
FIX SPINDELMAN BROVITZ & GOLDMAN, P.C., FAIRPORT (ROY Z. ROTENBERG OF COUNSEL), AND EGGER & LEEGANT, ROCHESTER, FOR DEFENDANT-APPELLANT.
PHILLIPS LYTLE LLP, ROCHESTER (EDMUND C. BAIRD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).
Entered: June 9, 2006
Clerk of the Court