General

Mark DeAngelis, Respondent-Appellant, v. Mircea Protopopescu, Appellant-Respondent

37 A.D.3d 1177827 N.Y.S.2d 924·New York Supreme Court, Appellate Division·2007·NY

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Opinion

Mark DeAngelis, Respondent-Appellant, v Mircea Protopopescu, Appellant-Respondent. (Appeal No. 1.) [827 NYS2d 924] [MAJORITY] Appeal and cross appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered June 30, 2005 in a personal injury action. The order granted in part plaintiffs motion to set aside the verdict and for a new trial on damages only. It is hereby ordered that said appeal and cross appeal be and the same hereby are 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, Gorski, Martoche and Smith, JJ.