Opinion
No. CA 01-02399.
February 2, 2007.
Appeal from an order of the Supreme Court, Erie County (James B. Kane, J.H.O.), entered March 14, 2001. The order denied plaintiffs' motion to set aside the verdict and for a directed verdict on liability and a new trial on damages only or, alternatively, a new trial on liability and damages.
BROWN CHIARI LLP, LANCASTER (MICHAEL R. DRUMM OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
COHEN LOMBARDO, P.C., BUFFALO (JAMES J. NASH OF COUNSEL), FOR DEFENDANT-RESPONDENT
Present Gorski, J.P., Fahey, Peradotto, Green and Pine, 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]).