
    Andrew Zimpfer, Appellant, v Lea M. Fritz et al., Respondents.
    (Appeal No. 1.)
    [748 NYS2d 294]
   —Appeal from an order of Supreme Court, Erie County (Michalek, J.), entered September 19, 2001, which denied plaintiff’s motion to set aside the jury verdict and for 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; see also CPLR 5501 [a] [1], [2]). Present — Green, J.P., Wisner, Scudder, Burns and Lawton, JJ.  