Opinion
CA 02-00114
June 14, 2002.
Appeal from that part of an order of Supreme Court, Erie County (Joslin, J.), entered March 28, 2001, that, in view of the denial of plaintiff's motion to set aside the jury verdict, did not reach defendant's cross motion.
NAPIER, FITZGERALD KIRBY, BUFFALO (KENNETH R. KIRBY OF COUNSEL), FOR DEFENDANT-APPELLANT.
GERARD A. STRAUSS, HAMBURG, FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, BURNS, AND GORSKI, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see CPLR 5501 [a] [1]).