Majority
p. 1557Natalie M. Barnhard, Respondent, v Cybex International, Inc., Appellant/Third-Party Plaintiff-Appellant. Amherst Orthopedic Physical Therapy, P.C., Third-Party Defendant-Respondent. (Appeal No. 2.) [932 NYS2d 751]
It is hereby ordered that said appeal 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, PJ., Garni, Bindley, Sconiers and Green, JJ.