| Burgio v Gaeta |
| 2004 NY Slip Op 00819 [4 AD3d 898] |
| Decided on February 11, 2004 |
| 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 February 11, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, GORSKI, AND LAWTON, JJ.
116 CA 03-00919
[*1]JOHN BURGIO, JR., AND MARY BURGIO, PLAINTIFFS-RESPONDENTS-APPELLANTS, ORDER
v
JOHN F. GAETA, M.D., DEFENDANT-APPELLANT-RESPONDENT.
Appeal and cross appeal from a judgment of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered January 16, 2003. The judgment was entered, upon a jury verdict, in favor of plaintiffs.
ROACH, BROWN, MC CARTHY & GRUBER, P.C., BUFFALO (JOSEPH V. MC CARTHY OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
DIEBOLD & FARMELO, P.C., BUFFALO (IRWIN E. GINSBERG OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed with costs to plaintiffs.
Entered: February 11, 2004
JoAnn M. Wahl
Clerk of the Court