Hayes v. Byington (2 A.D.3d 1468, 2003)

— Appeal from an order of Supreme Court, Ontario County (Doran, J.), entered October 7, 2002, which denied plaintiffs’ motion to set aside part of a verdict and for a new trial on damages only.

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 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Pigott, Jr., P.J., Wisner, Kehoe, Lawton and Hayes, JJ.