Barner v Depner

Barner v Depner 2016 NY Slip Op 08780 Decided on December 23, 2016 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 December 23, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, AND SCUDDER, JJ.
1263 CA 16-01079

[*1]SUZANNE BARNER, INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF JOHN M. BARNER, DECEASED, PLAINTIFF-APPELLANT,

v

CHRISTOPHER R. DEPNER, M.D., ET AL., DEFENDANTS, THE UNIVERSITY OF ROCHESTER AND BARBARA J. KIRCHER, M.D., DEFENDANTS-RESPONDENTS.

PORTER NORDBY HOWE LLP, SYRACUSE (ERIC C. NORDBY OF COUNSEL), FOR PLAINTIFF-APPELLANT.

OSBORN REED & BURKE, LLP, ROCHESTER (CHRISTIAN C. CASINI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), dated July 31, 2015. The order, insofar as appealed from, granted the motion of defendants The University of Rochester and Barbara J. Kircher, M.D., for summary judgment dismissing the amended complaint against them.

It is hereby ORDERED that the order so appealed from is unanimously affirmed for reasons stated in the decision at Supreme Court.

Entered: December 23, 2016

Frances E. Cafarell

Clerk of the Court