Lohnas v Luzi

Lohnas v Luzi 2016 NY Slip Op 04818 Decided on June 17, 2016 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 June 17, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, CARNI, DEJOSEPH, AND TROUTMAN, JJ.
280 CA 15-00195

[*1]DARLENE M. LOHNAS, PLAINTIFF-RESPONDENT,

v

FRANK A. LUZI, JR., M.D. AND NORTHTOWNS ORTHOPEDICS, P.C., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)

THE TARANTINO LAW FIRM, LLP, ROCHESTER (TAMSIN J. HAGER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BRIAN P. FITZGERALD, P.C., BUFFALO (BRIAN P. FITZGERALD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 14, 2014. The order denied defendants' motion for partial summary judgment.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985).

Entered: June 17, 2016

Frances E. Cafarell

Clerk of the Court