Williams v. Philips Med. Sys. (Cleveland), Inc. , 2017 NY Slip Op 5541 ( 2017 )

Williams v Philips Med. Sys. (Cleveland), Inc. (2017 NY Slip Op 05541)

Williams v Philips Med. Sys. (Cleveland), Inc.

2017 NY Slip Op 05541

Decided on July 7, 2017

Appellate Division, Fourth Department

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.

Decided on July 7, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CARNI, CURRAN, AND SCUDDER, JJ.

813 CA 17-00038

[*1]THOMAS H. WILLIAMS, PLAINTIFF-APPELLANT,

v

PHILIPS MEDICAL SYSTEMS (CLEVELAND), INC., A DIVISION OF PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, PHILIPS MEDICAL SYSTEMS MR, INC., PHILIPS ELECTRONICS NORTH AMERICAN CORPORATION, PHILIPS ELECTRONICS NORTH AMERICA FOUNDATION AND C.F. MEDICAL, INC., DEFENDANTS-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] ___ AD3d ___ [July 7, 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] ___ AD3d ___ [July 7, 2017]).

Entered: July 7, 2017

Frances E. Cafarell

Clerk of the Court