Schultz v Excelsior Orthopaedics, LLP

Schultz v Excelsior Orthopaedics, LLP 2015 NY Slip Op 05320 Decided on June 19, 2015 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 June 19, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND DEJOSEPH, JJ.
571 CA 14-01424

[*1]DONALD SCHULTZ AND KATHERINE SCHULTZ, PLAINTIFFS-RESPONDENTS,

v

EXCELSIOR ORTHOPAEDICS, LLP, ET AL., DEFENDANTS, MICHAEL A. PARENTIS, M.D., AND KEITH C. STUBE, M.D., P.C., DOING BUSINESS AS KNEE CENTER OF WESTERN NEW YORK, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)

CONNORS & VILARDO, LLP, BUFFALO (LAWRENCE J. VILARDO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

DWYER, BLACK & LYLE, LLP, OLEAN (JEFFREY A. BLACK OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered July 18, 2014. The order, among other things, denied the motion of defendants Michael A. Parentis, M.D., and Keith C. Stube, M.D., P.C., doing business as Knee Center of Western New York, to set aside a jury 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; see also CPLR 5501 [a] [1]).

Entered: June 19, 2015

Frances E. Cafarell

Clerk of the Court