Szymanski v. Holenstein

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 19, 2003. The order denied plaintiffs motion seeking to set aside a jury verdict in defendants’ favor in a wrongful death action.

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 [1989]; see also CPLR 5501 [a] [1]). Present — Scudder, J.P, Kehoe, Smith, Pine and Hayes, JJ.