Opinion
2013-03-14
Leshai RYALS, Plaintiff–Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, et al., Defendants–Respondents. R.G. Ortiz Funeral Home, Inc., et al., Defendants.
Law Offices of Michael S. Lamonsoff, PLLC, New York (Stacey Haskel of counsel), for appellant. Steve S. Efron, New York (Renee L. Cyr of counsel), for respondents.
Law Offices of Michael S. Lamonsoff, PLLC, New York (Stacey Haskel of counsel), for appellant. Steve S. Efron, New York (Renee L. Cyr of counsel), for respondents.
Appeal from decision, Supreme Court, Bronx County (John A. Barone, J.), entered March 12, 2012, which denied plaintiff's motion, pursuant to CPLR 4404(a), seeking to set aside the verdict and a new trial on the issue of liability, and directed the parties to settle judgment on notice, unanimously dismissed, without costs, as taken from a nonappealable paper.
The appeal is dismissed, as no appeal lies from a decision, or an appealed paper directing the settlement of a judgment ( seeCPLR 5512[a]; Gunn v. Palmieri, 86 N.Y.2d 830, 634 N.Y.S.2d 435, 658 N.E.2d 212 [1995];Leser v. Penido, 96 A.D.3d 578, 947 N.Y.S.2d 441 [1st Dept. 2012] ). Moreover, plaintiff's right to a direct appeal from any order denying a motion to set aside the verdict terminated with the entry of a judgment ( seeCPLR 5501; Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 [1976] ).