Opinion
06-02-2016
Roberto RODRIGUEZ, Plaintiff–Appellant, v. Jessica L. BARANEK, et al., Defendants–Respondents. [And Another Action].
Cannon & Acosta, LLP, Huntington Station (Gary R. Small of counsel), for appellant. Cheven, Keely & Hatzis, New York (William B. Stock of counsel), for Jessica L. Baranek, respondent. Russo, Apoznanski & Tambasco, Melville (Susan J. Mitola of counsel), for Hawel Santana Montero, respondent.
Cannon & Acosta, LLP, Huntington Station (Gary R. Small of counsel), for appellant.
Cheven, Keely & Hatzis, New York (William B. Stock of counsel), for Jessica L. Baranek, respondent.
Russo, Apoznanski & Tambasco, Melville (Susan J. Mitola of counsel), for Hawel Santana Montero, respondent.
Opinion
Appeal from order, Supreme Court, New York County (Arlene P. Bluth, J.), entered October 30, 2014, and from order, same court and Justice, entered on or about January 15, 2015, which, following a summary jury trial, denied plaintiff's motion for a mistrial and dismissed the case, unanimously dismissed, without costs.
Plaintiff's posttrial motion, although framed as a motion for a mistrial based on an inconsistent verdict, in essence sought to set aside the jury's verdict as against the weight of the evidence, and is therefore prohibited by the summary jury trial rules, which the parties agreed to follow. Moreover, those rules prohibit appeals, and therefore plaintiff's appeal should be dismissed (Conrad v. Alicea, 117 A.D.3d 560, 985 N.Y.S.2d 412 [1st Dept.2014], lv. dismissed 24 N.Y.3d 946, 994 N.Y.S.2d 45, 18 N.E.3d 747 [2014] ).
ACOSTA, J.P., SAXE, GISCHE, WEBBER, KAHN, JJ., concur.