Marinaro v. Radolinski

Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered August 11, 2004. The order, insofar as appealed from, denied defendant’s motion to set aside a jury verdict and grant a new trial.

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], [2]). Present—Scudder, J.P., Martoche, Pine, Lawton and Hayes, JJ.