| Williams v Philips Med. Sys. (Cleveland), Inc. |
| 2017 NY Slip Op 05541 [152 AD3d 1202] |
| July 7, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Thomas H. Williams, Appellant, v Philips Medical Systems (Cleveland), Inc., a Division of Philips Electronics North America Corporation, et al., Respondents. (Appeal No. 2.) |
Jeffrey R. Parry, Fayetteville, for plaintiff-appellant.
Goodwin Procter LLP, New York City (William J. Harrington of counsel) and Barclay Damon, LLP, Syracuse, for defendants-respondents.
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.