Opinion
CA 02-02133
July 3, 2003.
Appeal from an order of Supreme Court, Jefferson County (Gilbert, J.), entered April 13, 2001, which granted plaintiff's motion to set aside a jury verdict and ordered a new trial on damages only.
CARTER, CONBOY, CASE, BLACKMORE, MALONEY LAIRD, P.C., ALBANY (JOSEPH T. PERKINS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LYNN LAW FIRM, SYRACUSE (PATRICIA A. LYNN-FORD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
ORDER
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 A.D.2d 435; see also CPLR 5501 [a] [1]).