Opinion
No. CA 07-00793.
March 14, 2008.
Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered May 24, 2006 in a personal injury action. The order, insofar as appealed from, adjudged that $71,106.49 be offset from the jury's award for future medical expenses.
PHILLIPS LYTLE LLP, BUFFALO (WILLIAM D. CHRIST OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
RUPP, BAASE, PFALZGRAF, CUNNINGHAM COPPOLA LLC, BUFFALO (R. ANTHONY RUPP, III, OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Present: Hurlbutt, J.P., Smith, Centra, Lunn and Fahey, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs ( see CPLR 5501 [a] [1]).