Rivenburg v Highland Hosp. of Rochester

Rivenburg v Highland Hosp. of Rochester 2010 NY Slip Op 03600 [72 AD3d 1571] April 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

Janice Rivenburg, Respondent,
v
Highland Hospital of Rochester et al., Appellants. (Appeal No. 1.)

—[*1] Osborn Reed & Burke, LLP, Rochester, Mauro Goldberg & Lilling LLP, Great Neck (Barbara D. Goldberg of counsel), for defendants-appellants.

Weinstein Murphy, Rochester (David L. Murphy of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (David Michael Barry, J.), entered April 22, 2009 in a medical malpractice action. The order denied the motion of defendants for judgment notwithstanding the verdict.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1]). Present—Martoche, J.P., Centra, Fahey, Peradotto and Pine, JJ.