White v. Winter

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered September 24, 2004. The order denied defendant’s motion for an order settling the record on appeal.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with thefollowing memorandum: Defendant appeals from an order denying her motion to settle the record on appeal. Following a bifurcated trial on liability, the jury returned a verdict finding…