| Henderson Harbor Mariners' Mar., Inc. v Upstate Natl. Bank |
| 2018 NY Slip Op 07554 [166 AD3d 1477] |
| November 9, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Henderson Harbor Mariners' Marina, Inc., et al.,
Respondents, v Upstate National Bank, Appellant. (Appeal No. 1.) |
Barclay Damon LLP, Syracuse (Alan R. Peterman of counsel), for defendant-appellant.
Amdursky, Pelky, Fennell, Wallen, P.C., Oswego (Timothy J. Fennell of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered August 11, 2017. The order denied defendant's motion to set aside the jury verdict in favor of plaintiffs on plaintiffs' second cause of action and to dismiss plaintiffs' second cause of action.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435, 435 [2d Dept 1989]; see also CPLR 5501 [a] [1]). Present—Smith, J.P., Carni, NeMoyer, Curran and Troutman, JJ.