HENRY BRITT PLAINTIFF RESPONDENT APPELLANT v. APPEAL NO (2010)

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

HENRY BRITT, PLAINTIFF-RESPONDENT-APPELLANT, v. CARRIE MONACHINO AND WAL-MART STORES, INC., DEFENDANTS-APPELLANTS -RESPONDENTS. (APPEAL NO. 1.)

CA 09-01970

Decided: May 07, 2010

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ.

SCHRÖDER, JOSEPH & ASSOCIATES, LLP, BUFFALO (ALICIA C. ROOD OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS. LAW OFFICE OF DAVID J. CLEGG, KINGSTON (DAVID J. CLEGG OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

ORDER

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered May 29, 2009 in an action for false arrest and malicious prosecution. The order denied defendants' motion for a directed verdict and denied plaintiff's motion to set aside the award of punitive damages and for a new trial on punitive damages.

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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