Miller v Galler
2007 NY Slip Op 08543 [45 AD3d 1325]
November 9, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


Julie Miller, Individually and as Administrator of the Estate of Charles J. Miller, Deceased, Appellant, v Marvin Galler, M.D., et al., Respondents. (Appeal No. 1.)

—[*1] Brian P. Fitzgerald, P.C., Buffalo (Brian P. Fitzgerald of counsel), for plaintiff-appellant.

Connors & Vilardo, LLP, Buffalo (Michael J. Roach of counsel), for defendant-respondent Marvin Galler, M.D.

Brown & Tarantino, LLC, Buffalo (Ann M. Campbell of counsel), for defendant-respondent George Kotlewski, M.D.

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered June 5, 2006 in a medical malpractice and wrongful death action. The order denied plaintiff's motion to set aside the jury verdict and direct judgment in favor of plaintiff or, in the alternative, grant a new trial.

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 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Scudder, P.J., Gorski, Lunn, Peradotto and Green, JJ.