Majority
p. 808Mary Ann Van Scooter, Individually and as Administratrix of the Estate of John Van Scooter, Deceased, Appellant, v 450 Trabold Road, Inc., Doing Business as Weckesser Brick Co., et al., Respondents. (Appeal No. 2.) [632 NYS2d 992]
Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 AD2d 435 ; see also, CPLR 5501 [a] [1]).
p. 809
(Appeal from Order of Supreme Court, Monroe County, Siracuse, J. — New Trial.) Present — Green, J. P., Lawton, Fallon, Doerr and Boehm, JJ.