Schultz v Excelsior Orthopaedics, LLP
2015 NY Slip Op 05320 [129 AD3d 1606]
June 19, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2015


[*1]
  Donald Schultz et al., Respondents,
v
Excelsior Orthopaedics, LLP, et al., Defendants, and Michael A. Parentis et al., 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 [1989]; see also CPLR 5501 [a] [1]). Present—Centra, J.P., Peradotto, Carni, Lindley and DeJoseph, JJ.