Grisanti v Kurss
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Grisanti v Kurss
2013 NY Slip Op 01705
Released on March 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 March 15, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND MARTOCHE, JJ.
213 CA 12-01378
[*1]CRISTA A. GRISANTI, AS PARENT AND NATURAL GUARDIAN OF AVA PANEK, A MINOR, PLAINTIFF-RESPONDENT,
v
DAVID I. KURSS, M.D., WOMEN'S WELLNESS CENTER, SAMUEL WEISSMAN, M.D., SAMUEL WEISSMAN, M.D., P.C., AND KALEIDA HEALTH, DOING BUSINESS AS MILLARD FILLMORE SUBURBAN HOSPITAL, DEFENDANTS-APPELLANTS.
Appeals from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered October 5, 2011. The order denied the motions of defendants for summary judgment.
GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (JENNIFER L. NOAH OF COUNSEL), FOR DEFENDANTS-APPELLANTS DAVID I. KURSS, M.D. AND WOMEN'S WELLNESS CENTER.
DAMON MOREY LLP, BUFFALO (AMY ARCHER FLAHERTY OF COUNSEL), FOR DEFENDANTS-APPELLANTS SAMUEL WEISSMAN, M.D. AND SAMUEL WEISSMAN, M.D., P.C.
ROACH BROWN MCCARTHY GRUBER, P.C., BUFFALO (MATTHEW J. BATT OF COUNSEL), FOR DEFENDANT-APPELLANT KALEIDA HEALTH, DOING BUSINESS AS MILLARD FILLMORE SUBURBAN HOSPITAL.
DEMPSEY & DEMPSEY, BUFFALO (HELEN KANEY DEMPSEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: March 15, 2013
Frances E. Cafarell
Clerk of the Court
Released on March 15, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND MARTOCHE, JJ.
213 CA 12-01378
[*1]CRISTA A. GRISANTI, AS PARENT AND NATURAL GUARDIAN OF AVA PANEK, A MINOR, PLAINTIFF-RESPONDENT,
v
DAVID I. KURSS, M.D., WOMEN'S WELLNESS CENTER, SAMUEL WEISSMAN, M.D., SAMUEL WEISSMAN, M.D., P.C., AND KALEIDA HEALTH, DOING BUSINESS AS MILLARD FILLMORE SUBURBAN HOSPITAL, DEFENDANTS-APPELLANTS.
Appeals from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered October 5, 2011. The order denied the motions of defendants for summary judgment.
GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (JENNIFER L. NOAH OF COUNSEL), FOR DEFENDANTS-APPELLANTS DAVID I. KURSS, M.D. AND WOMEN'S WELLNESS CENTER.
DAMON MOREY LLP, BUFFALO (AMY ARCHER FLAHERTY OF COUNSEL), FOR DEFENDANTS-APPELLANTS SAMUEL WEISSMAN, M.D. AND SAMUEL WEISSMAN, M.D., P.C.
ROACH BROWN MCCARTHY GRUBER, P.C., BUFFALO (MATTHEW J. BATT OF COUNSEL), FOR DEFENDANT-APPELLANT KALEIDA HEALTH, DOING BUSINESS AS MILLARD FILLMORE SUBURBAN HOSPITAL.
DEMPSEY & DEMPSEY, BUFFALO (HELEN KANEY DEMPSEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: March 15, 2013
Frances E. Cafarell
Clerk of the Court
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