Clune v Moore

Clune v Moore 2016 NY Slip Op 06332 Decided on September 30, 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 September 30, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CARNI, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.
731 CA 15-01163

[*1]MAURA CLUNE, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JAMES CAMPBELL, DECEASED, PLAINTIFF-APPELLANT,

v

MICHAEL C. MOORE, M.D., DEFENDANT-RESPONDENT, MERCY HOSPITAL OF BUFFALO, ET AL., DEFENDANTS. (APPEAL NO. 2.)

HOGAN WILLIG, PLLC, AMHERST (LINDA LALLI STARK OF COUNSEL), FOR PLAINTIFF-APPELLANT.

GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (John M. Curran, J.), entered April 27, 2015. The judgment dismissed the complaint against defendant Michael C. Moore, M.D. upon defendants' motion pursuant to CPLR 4401.

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the complaint is reinstated and a new trial is granted.

Same memorandum as in Clune v Moore ([appeal No. 1] ___ AD3d ___ [Sept. 30, 2016]).

Entered: September 30, 2016

Frances E. Cafarell

Clerk of the Court