Opinion
CA 01-02558
December 30, 2002.
Appeal from an order of Supreme Court, Erie County (Fahey, J.), entered June 22, 2001, which denied plaintiff's motion to set aside a jury verdict of no cause of action.
CHARLES L. DAVIS, BUFFALO, FOR PLAINTIFF-APPELLANT.
HURWITZ FINE, P.C., BUFFALO (HARRY F. MOONEY OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, KEHOE, AND LAWTON, 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]).