| Hayes v Byington |
| 2003 NY Slip Op 20284 [2 AD3d 1468] |
| December 31, 2003 |
| Appellate Division, Fourth Department |
| As corrected through |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| David Hayes et al., Appellants, v Douglas Byington et al., Respondents. (Appeal No. 1.) |
—Appeal from an order of Supreme Court, Ontario County (Doran, J.), entered October 7, 2002, which denied plaintiffs' motion to set aside part of a verdict and for a new trial on damages only.
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—Pigott, Jr., P.J., Wisner, Kehoe, Lawton and Hayes, JJ.