Opinion
CA 02-01996
June 13, 2003.
Appeal from an order of Supreme Court, Erie County (Dillon, J.), entered January 14, 2002, which denied plaintiffs' motion to set aside the verdict.
LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (ERIC M. SHELTON OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
LAW OFFICES OF JOHN QUACKENBUSH, BUFFALO (WILLIAM E. NITTERAUER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS UNITED MATERIALS, L.L.C. AND JAMES PIERCE.
HAGELIN BISCHOF, LLC, BUFFALO (DENNIS J. BISCHOF OF COUNSEL), FOR DEFENDANT-RESPONDENT MICHAEL DEAKIN.
PRESENT: WISNER, J.P., SCUDDER, KEHOE, GORSKI, 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]).