McCormack v University of Rochester

McCormack v University of Rochester 2017 NY Slip Op 02268 Decided on March 24, 2017 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 March 24, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CENTRA, CURRAN, AND SCUDDER, JJ.
305 CA 16-01218

[*1]CLAIRE MCCORMACK, INDIVIDUALLY, AND AS EXECUTOR OF THE ESTATE OF JOSEPH W. LAMANNA, DECEASED, PLAINTIFF-RESPONDENT,

v

UNIVERSITY OF ROCHESTER, DEFENDANT, WESTFALL CARDIOLOGY, LLP, AND ADEL B. SOLIMAN, M.D., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)

BROWN GRUTTADARO GAUJEN & PRATO, LLC, ROCHESTER (WILLIAM KALISH OF COUNSEL), FOR DEFENDANTS-APPELLANTS WESTFALL CARDIOLOGY, LLP AND ADEL B. SOLIMAN, M.D.

DOMINIC PELLEGRINO, ROCHESTER, FOR PLAINTIFF-RESPONDENT.

OSBORN, REED & BURKE, LLP, ROCHESTER (KATHLEEN B. BENESH OF COUNSEL), FOR DEFENDANT UNIVERSITY OF ROCHESTER.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), rendered October 27, 2015. The order denied the motion of defendants Westfall Cardiology, LLP, and Adel B. Soliman, M.D., for summary judgment.

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 24, 2017

Frances E. Cafarell

Clerk of the Court