Cleveland Ex Rel. Landry v. Djeu , 152 A.D.3d 486 ( 2017 )

Cleveland v Djeu (2017 NY Slip Op 05418)

Cleveland v Djeu

2017 NY Slip Op 05418

Decided on July 5, 2017

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 5, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.

2015-09110
(Index No. 1755/09)

[*1]Jody Cleveland, by his mother and natural guardian, Aimee Landry, appellant,

v

Louise Djeu, respondent, et al., defendants.

Phillips & Paolicelli, LLP, New York, NY (Daniel J. Woodard and Yitzchak M. Fogel of counsel), for appellant.

Joseph A. Deliso, Brooklyn, NY, for respondent.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Baynes, J.), dated July 7, 2015, which denied his motion to set aside, on the ground of inadequacy, the jury verdict on the issue of damages, or for a new trial on the issue of damages only.

ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on the companion appeal (see Cleveland v Djeu, __ AD3d __ [Appellate Division Docket No. 2015-04093; decided herewith]).

DILLON, J.P., HINDS-RADIX, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court