Daniels v Rumsey
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Daniels v Rumsey
2013 NY Slip Op 07614
Released on November 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on November 15, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND VALENTINO, JJ.
1167 CA 13-00342
[*1]ERICA DANIELS, PLAINTIFF-RESPONDENT,
v
FRANCES A. RUMSEY, DEFENDANT-APPELLANT, ET AL., DEFENDANT. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered May 15, 2012. The order, inter alia, denied that part of the motion of defendant Frances A. Rumsey to compel a physical examination of plaintiff by an orthopedic specialist.
BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANT-APPELLANT.
THE HIGGINS KANE LAW GROUP, P.C., BUFFALO (TERRENCE P. HIGGINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Released on November 15, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND VALENTINO, JJ.
1167 CA 13-00342
[*1]ERICA DANIELS, PLAINTIFF-RESPONDENT,
v
FRANCES A. RUMSEY, DEFENDANT-APPELLANT, ET AL., DEFENDANT. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered May 15, 2012. The order, inter alia, denied that part of the motion of defendant Frances A. Rumsey to compel a physical examination of plaintiff by an orthopedic specialist.
BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANT-APPELLANT.
THE HIGGINS KANE LAW GROUP, P.C., BUFFALO (TERRENCE P. HIGGINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same Memorandum as in Daniels v Rumsey ([appeal No. 2] ___ AD3d ___ [Nov. 15, 2013]).
Entered: November 15, 2013
Frances E. Cafarell
Clerk of the Court
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