
    Patrick E. Burns, Appellant, v Lee A. Kroening et al., Respondents, et al., Defendants.
    [899 NYS2d 722]
   — Appeal from a judgment and order (one paper) (denominated order) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered February 4, 2009 in a personal injury action. The judgment and order denied the motion of plaintiff to set aside a jury verdict and for a new trial.

It is hereby ordered that the judgment and order so appealed from is unanimously affirmed without costs. Present — Martoche, J.P., Centra, Fahey, Peradotto and Pine, JJ.  