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GALWAY, J. The plaintiff, Jose Hilario, appeals an order of the Superior Court (Lynn, C.J.) dismissing his legal malpractice action against the defendant, Attorney Neil J. Reardon. We reverse and remand.

This is a medical malpractice action brought by the plaintiffs, Philip J. ("Philip") and Catherine ("Catherine") Sica, against the defendants, John C. Britton, M.D. ("Dr. Britton") anal Surgical Associates of Rochester, P.C. The plaintiffs allege Dr. Britton negligently performed a surgery on Philip, causing injuries and losses to Philip and loss of consortium to Catherine. The defendants now move in limine to preclude the plaintiffs from introducing medical expenses written off by Philip's medical care providers. The plaintiffs object. Neither party has requested a hearing on this motion in limine, nor does the court find that a hearing would assist it in determining the pending issue. Accordingly, pursuant to Superior Court Rule 58, the court acts on the pending motion on the basis of the pleadings and record before it.