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Williams v. Philips Medical Systems (Cleveland), Inc.

152 A.D.3d 1202 Court N.Y. App. Div. Decision date 2017-07-07 Docket Appeal No. 2 English

Judges Present — Whalen, P.J., Smith, Carni, Curran and Scudder, JJ.

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p. 1202
Thomas H. Williams, Appellant, v Philips Medical Systems (Cleveland), Inc., a Division of Philips Electronics North America Corporation, et al., Respondents.
(Appeal No. 2.)
[54 NYS3d 919]

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered May 3, 2016. The order appointed a referee to hear and report on the reasonableness of attorneys’ fees.

It is hereby ordered that the order so appealed from is affirmed without costs.

Same memorandum as in Williams v Philips Med. Sys. (Cleveland), Inc. ([appeal No. 1] 152 AD3d 1199 [2017]).

All concur except Smith and Scudder, JJ., who dissent and vote to reverse in accordance with the same dissenting memorandum as in Williams v Philips Med. Sys. (Cleveland), Inc. ([appeal No. 1] 152 AD3d 1199 [2017]).

Present — Whalen, P.J., Smith, Carni, Curran and Scudder, JJ.

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