Britt v Buffalo Mun. Hous. Auth.

Britt v Buffalo Mun. Hous. Auth. 2017 NY Slip Op 03341 Decided on April 28, 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 April 28, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CENTRA, TROUTMAN, AND SCUDDER, JJ.
461 CA 16-01382

[*1]CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED, PLAINTIFF-APPELLANT,

v

BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS, NELDA LAWLER, M.D., AND TERESA CHAU, M.D., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

TIMOTHY R. LOVALLO, BUFFALO, FOR PLAINTIFF-APPELLANT.

GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered June 7, 2016. The order, among other things, granted the motion of defendants Teresa Chau, M.D. and Nelda Lawler, M.D. to dismiss the 2004 action bearing Index No. I2004-9897, against them with prejudice.

It is hereby ORDERED that the order so appealed from is unanimously affirmed with costs.

Entered: April 28, 2017

Frances E. Cafarell

Clerk of the Court