Majority
p. 961Andrew Zimpfer, Appellant, v Lea M. Fritz et al., Respondents. (Appeal No. 1.) [748 NYS2d 294]
—Appeal from an order of Supreme Court, Erie County (Michalek, J.), entered September 19, 2001, which denied plaintiff’s motion to set aside the jury verdict and for 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 ; see also CPLR
p. 962
5501 [a] [1], [2]). Present — Green, J.P., Wisner, Scudder, Burns and Lawton, JJ.