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, Glownia, J.—Set Aside Verdict.) Present—Green, J. P., Lawton, Hayes, Wisner and Boehm, JJ.
Kathleen Poole, as Adminstratrix of the Estate of David L. Poole, Deceased, Respondent, v. Consolidated Rail Corporation, Appellant
242 A.D.2d 968665 N.Y.S.2d 603
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