| Marinaro v Radolinski |
| 2005 NY Slip Op 08478 [23 AD3d 1078] |
| November 10, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Francis Marinaro et al., Respondents, v Barbara Radolinski, as Executor of Eugene Zarazinski, Deceased, Appellant. (Appeal No. 1.) |
—[*1]Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered August 11, 2004. The order, insofar as appealed from, denied defendant's motion to set aside a jury verdict and grant 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 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Scudder, J.P., Martoche, Pine, Lawton and Hayes, JJ.