Mast v. DeSimone

2019 NY Slip Op 8287

Opinion

Mast v DeSimone (2019 NY Slip Op 08287)

Mast v DeSimone

2019 NY Slip Op 08287

Decided on November 15, 2019

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 15, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ.

803 CA 18-01948

[*1]JAYME A. MAST, PLAINTIFF-APPELLANT,

v

GERARD A. DESIMONE, DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

JOSEPH E. DIETRICH, III, WILLIAMSVILLE, MAGAVERN MAGAVERN GRIMM LLP, BUFFALO (EDWARD J. MARKARIAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LAW OFFICES OF JOHN TROP, BUFFALO (TIFFANY D'ANGELO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered April 25, 2018. The order denied the motion of plaintiff to set aside a jury verdict.

It is hereby ORDERED that said appeal is dismissed without costs.

Same memorandum as in Mast v DeSimone ([appeal No. 2] — AD3d — [Nov. 15, 2019] [4th Dept 2019]).

Entered: November 15, 2019

Mark W. Bennett

Clerk of the Court