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BISCARDI v. SMALLS

179 Misc.2d 1043 (1999)

691 N.Y.S.2d 285

Anthony Biscardi, Respondent, v. John Smalls, Jr., Appellant.

Supreme Court, Appellate Term, Second Department.

March 16, 1999

Attorney(s) appearing for the Case

Sweetbaum & Sweetbaum, Lake Success (Frank V. Merlino and Marshall D. Sweetbaum of counsel), for appellant. Pollack Pollack Isaac & DeCicco, New York City (Ira J. Perlman and Brian J. Isaac of counsel), for respondent.

KASSOFF, P. J., ARONIN and CHETTA, JJ., concur.

MEMORANDUM.

Order unanimously affirmed without costs.

Defendant contends that he is appealing from the judgment entered March 31, 1998. His notice of appeal dated August 29, 1997, however, clearly indicates that he is appealing from the August 18, 1997 order of the court below which denied his motion to set aside the verdict pursuant to CPLR 4404. Therefore, his appellate contentions that the court below erred...

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