
    Lawrence C. Root, Appellant, v Mark DiRaddo, Respondent.
    (Appeal No. 2.)
    [755 NYS2d 357]
   Appeal from an order of Supreme Court, Monroe County (Siracuse, J.), entered September 21, 2001, which denied plaintiffs motion for judgment notwithstanding a verdict or a new trial.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; see also CPLR 5501 [a] [1], [2]). Present — Wisner, J.P., Scudder, Burns and Hayes, JJ.  