Opinion
June 8, 2007.
APPEAL from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered October 14, 2005 in a personal injury action. The order, insofar as appealed from, granted plaintiffs' motion in part and precluded certain testimony at trial.
Sugarman Law Firm, LLP, Syracuse ( Timothy J. Perry of counsel), for defendant-appellant.
Knoer, Crawford Bender, LLP, Buffalo ( Paul A. Bender of counsel), for planitiffs-respondents.
Before: LUNN and PINE, JJ., concur with PERADOTTO, J.; CENTRA, J., dissents and votes to affirm in the same dissenting opinion as in Meegan v Progressive Ins. Co. ( 43 AD3d 182, 187) in which GORSKI, J.P., concurs.
OPINION OF THE COURT
Same opinion by PERADOTTO, J., as in Meegan v Progressive Ins. Co. ( 43 AD3d 182).
It is hereby ordered that the order insofar as appealed from be and the same hereby is reversed on the law without costs and the motion is denied in its entirety.