Civil Procedure · MBE-tested

Francis Marinaro et al., Respondents, v. Barbara Radolinski, as Executor of Eugene Zarazinski, Deceased, Appellant

23 A.D.3d 1078803 N.Y.S.2d 498·New York Supreme Court, Appellate Division·2005·NY

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Opinion

Francis Marinaro et al., Respondents, v Barbara Radolinski, as Executor of Eugene Zarazinski, Deceased, Appellant. (Appeal No. 1.) [803 NYS2d 498] [MAJORITY] 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.