Koren Urquhart, respondent, v. Town of Oyster Bay, appellant, et al., defendant. (2011)

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

Koren Urquhart, respondent, v. Town of Oyster Bay, appellant, et al., defendant.

2011–00299 (Index No. 14215 /05)

Decided: June 14, 2011

WILLIAM F. MASTRO, J.P. DANIEL D. ANGIOLILLO CHERYL E. CHAMBERS JEFFREY A. COHEN, JJ.

Burns, Russo, Tamigi & Reardon, LLP, Garden City, N.Y. (John T. Pieret of counsel), for appellant. Kaplan Belsky Ross Bartell, LLP, Garden City, N.Y. (Lewis A. Bartell of counsel), for respondent.

Argued—May 27, 2011

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant Town of Oyster Bay appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered December 16, 2010, which denied its motion pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of liability and for judgment as a matter of law or, in the alternative, to set aside the jury verdict, inter alia, as contrary to the weight of the evidence and for a new trial on the issue of liability.

ORDERED that the appeal is dismissed, as academic, without costs or disbursements, in light of our determination of the appeal from the interlocutory judgment entered July 27, 2010, in Urquhart v. Town of Oyster Bay (Appellate Division Docket No. 2010–08081, decided herewith).

MASTRO, J.P., ANGIOLILLO, CHAMBERS and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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