Legarreta v Neal

Legarreta v Neal 2013 NY Slip Op 05130 Released on July 5, 2013 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.

Released on July 5, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.
629 CA 12-01412

[*1]EDWARD A. LEGARRETA, M.D., PLAINTIFF-RESPONDENT,

v

MELISSA A.L. NEAL, M.D., AND TWENTY 20 EYE CARE AND AESTHETIC OCULOPLASTIC MEDICINE, PLLC, DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)


Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (John A. Michalek, J.), entered March 1, 2012. The order and judgment, among other things, granted that part of plaintiff's motion for entry of a default judgment.


MYERS, QUINN & SCHWARTZ, LLP, WILLIAMSVILLE (JAMES I. MYERS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
JAECKLE FLEISCHMANN & MUGEL, LLP, BUFFALO (BRADLEY A. HOPPE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.



It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.

Same Memorandum as in Legarreta v Neal ([appeal No. 2] ___ AD3d ___ [July 5, 2013]).
Entered: July 5, 2013
Frances E. Cafarell
Clerk of the Court