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Winiarski v. Harris

78 A.D.3d 1556 Court N.Y. App. Div. Decision date 2010-11-12 Docket Appeal No. 1 English

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p. 1556
Richard Winiarski et al., Respondents, v Linda Harris, M.D., et al., Appellants, et al., Defendants.
(Appeal No. 1.)
[910 NYS2d 742]

—Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered January 12, 2010 in a medical malpractice action. The order granted the application of defendants Linda Harris, M.D. and University at Buffalo Surgeons, Inc. for a collateral source reduction of an award of damages.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1]). Present — Smith, J.P., Lindley, Sconiers, Pine and Gorski, JJ.

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