Opinion
CA 02-02598
June 13, 2003.
Appeal from an order of Supreme Court, Onondaga County (Tormey, III, J.), entered April 25, 2002, which, inter alia, granted plaintiffs' motion to set aside that portion of the jury verdict awarding no damages for loss of consortium and granted a new trial.
RIVKIN RADLER LLP, UNIONDALE (HARRIS J. ZAKARIN OF COUNSEL), AND COLUCCI GALLAHER, P.C., BUFFALO, FOR DEFENDANTS-APPELLANTS.
RIEHLMAN, SHAFER SHAFER, TULLY (ROBERT M. SHAFER OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
PRESENT: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, LAWTON, AND HAYES, 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], [2]).