Opinion
(1174.1) CA 00-741.
September 28, 2001.
(Appeals from Order of Supreme Court, Herkimer County, Kirk, J. — Set Aside Verdict.)
PRESENT: PINE, J.P., HAYES, HURLBUTT, BURNS AND GORSKI, JJ.
Appeal and cross appeal unanimously dismissed without costs ( see, Smith v. Catholic Med. Ctr., 155 A.D.2d 435; see also, CPLR 5501 [a] [1]).