ALEXANDER LIFSON EXECUTOR OF THE ESTATE OF IRENE LIFSON DECEASED PLAINTIFF APPELLANT RESPONDENT v. APPEAL NO (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

ALEXANDER LIFSON, EXECUTOR OF THE ESTATE OF IRENE LIFSON, DECEASED, PLAINTIFF-APPELLANT -RESPONDENT, v. CITY OF SYRACUSE, DEFENDANT-RESPONDENT-APPELLANT, AND DEREK J. KLINK, DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

CA 08-02666

Decided: April 30, 2010

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

LONGSTREET & BERRY, LLP, SYRACUSE (MICHAEL J. LONGSTREET OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT. RORY A. MCMAHON, CORPORATION COUNSEL, SYRACUSE (JAMES P. MCGINTY OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT. COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (DONALD S. DIBENEDETTO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

ORDER

Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered November 26, 2008. The order denied the motions of plaintiff and defendant City of Syracuse to set aside the verdict and for a new trial.

It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 A.D.2d 435; see also CPLR 5501[a][1], [2] ).

Patricia L. Morgan

Clerk of the Court

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