| Prucnal v DNG Acquisition Group |
| 2004 NY Slip Op 01884 [5 AD3d 1007] |
| March 19, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Lynn Prucnal, Plaintiff, v DNG Acquisition Group, LLC, Defendant and Third-Party Plaintiff-Respondent. Greenview Landscape Co., Third-Party Defendant-Appellant. (Appeal No. 2.) |
—Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered November 19, 2002. The order denied the motion of third-party defendant to set aside the jury verdict.
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]). Present—Pigott, Jr., P.J., Pine, Wisner, Scudder and Kehoe, JJ.