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, Mintz, J. — Set Aside Verdict.) Present — Pine, J. P., Wesley, Callahan, Doerr and Boehm, JJ.
William Marfurt, Doing Business as William Marfurt Landscaping & Excavating Co., Respondent, v. College Park Associates, Appellant
227 A.D.2d 914643 N.Y.S.2d 463
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