Winiarski v Harris
2010 NY Slip Op 08222 [78 AD3d 1556]
November 12, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


Richard Winiarski et al., Respondents, v Linda Harris, M.D., et al., Appellants, et al., Defendants. (Appeal No. 1.)

—[*1] Brown & Tarantino, LLC, Buffalo (Ann M. Campbell of counsel), for defendants-appellants.

Stamm, Reynolds & Stamm, Williamsville (Gregory Stamm of counsel), for plaintiffs-respondents.

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.