Hargis Jr. v. Sayers

• Decision Date: 16 March 2007
• Docket Number: CA 06-02075.
• Citation: 38 A.D.3d 1228,834 N.Y.S.2d 889,2007 NY Slip Op 02204
• Parties: DELBERT HARGIS, JR., Individually and as Parent and Natural Guardian of D.H., Respondent, v. PHYLLIS J. SAYERS, Appellant. (Appeal No. 1.)
• Court: New York Supreme Court — Appellate Division

38 A.D.3d 1228

834 N.Y.S.2d 889

2007 NY Slip Op 02204

DELBERT HARGIS, JR., Individually and as Parent and Natural Guardian of D.H., Respondent, v. PHYLLIS J. SAYERS, Appellant. (Appeal No. 1.)

CA 06-02075.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 16, 2007.

Appeal from an order of the Supreme Court, Jefferson County (Joseph D. McGuire, J.), entered October 31, 2005 in a personal injury action. The order granted in part plaintiff's motion to set aside the jury verdict and directed a new trial on the issue of damages for past pain and suffering.

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 — Gorski, J.P., Smith, Lunn, Peradotto and Pine, JJ.