Mancuso v Koch
2010 NY Slip Op 05052 [74 AD3d 1736]
June 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


Julie J. Mancuso, Appellant, v Todd B. Koch, M.D., Respondent (Appeal No. 1.)

—[*1] Hogan Willig, Amherst (Jennifer L. Fay of counsel), for plaintiff-appellant.

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Gregory T. Miller of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered March 5, 2009 in a medical malpractice action. The order denied the motion of plaintiff to set aside the jury verdict and for a new trial.

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—Centra, J.P., Carni, Lindley, Green and Gorski, JJ.