Hinterberger v. Leslie

Appeal and cross appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 20, 2006 in a personal injury action. The order, among other things, denied plaintiffs motion to set aside the jury verdict in part, for judgment as a matter of law on negligence and for a new trial and denied defendant’s motion to vacate those parts of the prior order granting plaintiffs motion for a mistrial and ordering a new trial.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting defendant’s motion, vacating…