—Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 AD2d 435; see also, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Erie County, Joslin, J.—Set Aside Verdict.) Present—Green, J. P., Pine, Fallon, Callahan and Davis, JJ.
Richard D. Murray et al., Appellants, v. Michael Makey, Individually and as Administrator of the Estate of Petrina D. Makey, Deceased, Respondent
229 A.D.2d 919646 N.Y.S.2d 489
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