Doyle v City of Buffalo
2008 NY Slip Op 08783 [56 AD3d 1133]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Susan M. Doyle, Respondent, v City of Buffalo et al., Appellants, et al., Defendant. (Appeal No. 1.)

—[*1] Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Rochester (Brendan R. Mehaffy of counsel), for defendants-appellants.

Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 31, 2006 in a personal injury action. The order reduced the jury's award of damages to plaintiff for future pain and suffering and otherwise denied the motion of defendants to set aside the 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—Scudder, P.J., Hurlbutt, Martoche, Smith and Lunn, JJ.