Winiarski v Harris
2010 NY Slip Op 08224 [78 AD3d 1558]
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. 3.)

—[*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 June 3, 2009 in a medical malpractice action. The order denied the motion of defendants Linda Harris, M.D. and University at Buffalo Surgeons, Inc. to set aside a jury verdict and granted the motion of plaintiffs to increase the award of damages for pain and suffering.

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] [2]). Present—Smith, J.P., Lindley, Sconiers, Pine and Gorski, JJ.