¶1—Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 AD2d 435; see also, CPLR.5501 [a] [1]). (Appeal from Order of Supreme Court, Erie County, Whelan, J. — Set Aside Verdict.) Present — Denman, P. J., Pine, Wisner, Callahan and Fallon, JJ.
249 A.D.2d 976
O'Rourk v. Berner
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 1998
Appellate Division of the Supreme Court of the State of New York · decided 1998-04-29
Decided 1998-04-29