Roskwitalski v. Fitzgerald

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered February 2, 2004. The order denied plaintiff’s motion to set aside part of a jury verdict in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action to recover *1134damages for injuries she sustained in a motor vehicle accident. The jury found that plaintiff had sustained a medically determined injury or impairment of a nonpermanent nature that prevented her from performing substantially…