Opinion
CA 05-01590.
April 28, 2006.
Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered June 3, 2005 in a personal injury action. The order denied plaintiffs' motion to set aside the verdict and for a new trial.
COLLINS MAXWELL, L.L.P., BUFFALO (SHAWN W. CAREY OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
BURGIO, KITA CURVIN, BUFFALO (JAMES P. BURGIO OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Before: Pigott, Jr., P.J., Hurlbutt, Scudder, Gorski and Green, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see Smith v. Catholic Med. Ctr. of Brooklyn Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).