SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 12, 2010
RICHARD WINIARSKI AND CATHLEEN WINIARSKI, PLAINTIFFS-RESPONDENTS,
LINDA HARRIS, M.D., UNIVERSITY AT BUFFALO SURGEONS, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 3.)
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.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SMITH, J.P., LINDLEY, SCONIERS, PINE, AND GORSKI, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435; see also CPLR 5501 [a] ).
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